Study On The System Of Acquisition In Good Faith Of Real Estate In China

Acquired in good faith in the traditional theory, the property acquired in good faith in people’s consciousness is limited to movable property, immovable property for registration as a public sign of their real estate acquired in good faith does not apply to this system. China’s rapid economic development, real estate registration system is not really perfect, bona fide acquisition system is applicable to the field of real estate transactions, can fully protect the legitimate interests of bona fide third parties, so as to promote the healthy and orderly development of the socialist market economy."Property Law" Section106shows that the subject matter acquired in good faith, both movable and immovable property, the end of this provision is to adapt the theoretical circles about real bona fide acquisition controversy. Bona fide acquisition of applicable topics of research, the text in addition to the introduction and conclusion is divided into four parts, comprehensive and vivid description of the real estate acquired in good faith as a specific application of the system in our country:The first part focuses on real estate acquired in good faith the theoretical basis of the system and value basis for analysis. First, the establishment and existence of bona fide acquisition system and its underlying premise for the public credibility of the principle of property rights in accordance with the principle of Public Credit, through the form of legal recognition that register reflects the true property names that can be presumed correct property resistance, it can be said bona fide acquisition is the inevitable result of credibility, but also in China, although registration is carried out as a real property transfer elements, but still exists in registration errors, omissions and other phenomena, which makes real estate transactions prone due registration error caused by the dispute, then the field of real estate acquired in good faith will be able to apply good protection of the legitimate interests of bona fide third parties, and the great extent of the transaction to maintain stability for the good functioning of the economic order has played a major role in. Meanwhile, the world different rules for this system by comparing Germany, Japan and Taiwan to real estate acquired in good faith analyze legislation of the system, further comprehensive exposition of the bona fide acquisition of real property.The second part of real estate acquired in good faith application of the system. First, real estate acquired in good faith on the premise that the system is in the transaction, although the grantor of rights in immovable property registered on the register of the name, but it is actually not true right people, only the registration error will occur under the premise of real property The acquisition in good faith, and secondly, the counterparty when the transferee of the property is in good faith, for goodwill, we should be interpreted as the start of real property transactions completed since the registration of the entire period, the assignee is unaware and without gross negligence state, then the transferee can be considered bona fide. Reasonable assignee to the assignor of the price paid, and the property has completed the statutory publicity, that is already registered in the name of the assignee, the assignee of the well-intentioned laws can be made based on the ownership of the immovable property.The third part introduces the real bona fide acquisition applicable legal effect. Acquired in good faith after the changes in the economic relationship, the loss of the original owner of the immovable property ownership, the original acquisition of the real estate entity property rights and procedural property rights of bona fide third party (assignee) based on the direct provision of the law, the original owner may not require the transferee to return to the real estate. In the creditor relations, because people are not entitled to dispose of real estate disposition actions violated the ownership rights of indigenous people, the law gives the right to request the original people no right to give them the right to compensation for losses, in addition, because of the mistakes of the registration authority resulting in the registration of real property register error, the original rights holders can require its registration authority’s fault liability.The fourth part is the special case of immovable property in good faith in the judicial system is applicable, In co-ownership, part of the co-owners of unauthorized disposition of common property, the third person if it is made in good faith and paid for the property, should safeguard the legitimate interests of bona fide third parties. For the special case of quasi-real property that, if not registered, the third person from the hands of people get aligned right disposition possession of immovable property, it is not recorded in the register by the matters detailed understanding of their ownership status, only through the possession state the facts presumed to belong to all parties to the transaction, in which case the third party’s trade with the right disposition certainly not malicious, acquired in good faith if they meet other requirements, then of course apply acquired in good faith. Already registered prospective real estate, the principle is not applicable acquired in good faith, but in real life tends to occur registration errors or for registration can be applied in this case acquired in good faith. In China, although the rural real estate registration system is imperfect, many houses were unable to carry the right to register, but we can not deny this reason the legitimacy of rural housing transactions, if true artificial transfer of rights, but a house is not to be registered, then the transfer behavior that is entitled to dispose of, to obtain a good faith does not exist, if the transferor is not true rights holders, the Department of right disposition, then since the property is not registered, bona fide third parties who may be based on trust actual possession of unauthorized disposal state presumed to be true right people, when acquired in good faith in line when the other elements of the third person may apply to the housing acquired in good faith.