A Study On The Bona Fide Of Real Estate In China

Bona Fide is a very important system of the Civil Law of the modern countries andregions. It can not only applies to Movable Property,but also the Real Estate.HavingInspected the Comparative Law,we can find that the traditional Continental Law Systemcountries, represented by Germany and Japan, have admitted the Real Estate, respectivelyby Registration Credibility Principle and the Real Estate Registration Resistance Principle.Property Law of China as new law,puts the Bona Fide of Real Estate and that of MovableProperty together, which is a kind of innovation on the style in the civil laws.Therefore,this paper,based on the inspection on other countries and regions legislation,and combingChina’s actual situation, makes new understanding and interpretation on the importantissues that the relationship between the Bona Fide of Real Estate and the RegistrationCredibility, the Mode of Real Right Changing, and the Agency by Estoppel. Bona Fideprotects Transaction Security at the cost of sacrificing the interests of the owners afterall.So,the law imposes strict conditions for its application.However,China’s Property Lawarticle106about the Constitutive Requirements of the provisions are still notclear.Therefore this paper, detailedly studies the applicable conditions of the Real EstateBona Fide system, and then summarizes and analyses the legal effect of it and theproblems which should be paid attention to.Finally,in the light that many problems relatedto Bona Fide of Real Estate in the practice have appeared this years, such as the depositionof others’ Real Estate under an assumed name or identity, husband and wife common legalproperty system on Marriage Law,and the liability to pay compensation by the RegistrationAuthority, this paper gives a brief study on those problems,in order to provide reference forlegal practice.