On The Real Property Acquired In Good Faith

The traditional civil law theory that acquired in good faith only applicable in the movable field, as known to the public acquisition of real property does not apply to this system to register. With the establishment and development of the socialist market economy system, in good faith to obtain the system for real estate is very necessary, it will help to protect the legitimate rights and interests of bona fide third, maintaining stability and security of real property transactions. China came into force on the "Property Law" in section106to obtain the basic provisions of the applicable conditions in good faith, to break through the traditional theory acquired in good faith the general view to be limited to access to property ownership, clear ownership of real estate acquired in good faith the scope, so that China made in the ownership of real estate have a new breakthrough. Properly interpret the Property Law of the People’s Republic of China Article106of the constituent elements of real estate acquired in good faith, of great significance to ensure the security and safeguarding the real right holder, and improve the real estate registration system in China. Immovable property acquired in good faith application of the system the premise that rights issues there is an error in the register. Made when the person in accordance with the trading behavior of real property, the disappearance of an acquisition in good faith. Acquired in good faith to take the original said "the effectiveness of the trading behavior does not belong to the constituent elements acquired in good faith. The so-called "goodwill" to register objection to the registration and access whether knowingly register error. As to whether the reasonable judgment of the real property acquired in good faith paid the price of acquiring real estate should adopt objective criteria. To register for the entry into force of the elements of change in real property, made only after completion of the registration before being acquired in good faith; to the registration of real property transfer, delivery against the elements of the elements is real estate acquired in good faith. In this paper, based on understanding of related concepts, analysis of the constituent elements of real property acquired in good faith, profoundly expounded the real estate acquired in good faith the system an important role in the maintenance transaction security, the value of mining the deeper, and to improve the system some thought.