Real Estate Acquired In Good Faith The System Of Law Applicable To Explore

The real estate good intentions, is bona fide third trust registered with the right disposition transactions According to the Public Credibility Principle If the assignee in good faith at the time of the transaction, the assignee will receive real estate permanent property rights. The original rights holders are not entitled to require the return of real property. October1,2007, China’s "Property Law" provisions of Article106of the formal implementation of the system of real estate acquired in good faith, this is a good role in promoting economic development, social stability, the stability of the market, the security of the transaction, the transaction order methodical provide a strong guarantee. Acquired in good faith in the traditional civil law system is only applicable in the real estate after October1,2007, the Real Estate also apply to bona fide acquisition, has opened a new chapter in the Property Law, become another highlight of the national research Property Law. Not due to real estate acquired in good faith system is a new law, legal provisions are not enough mature, there are many other similar system corresponding confusion case in trial practice, so that the true interests of right holders is really maintenance. Details through a typical case of the system of real estate acquired in good faith, to hope that the system of real estate acquired in good faith to get a better understanding of the applicable legal system play an important role in the regulation of civil and commercial activities. The article is divided into a total of four sections:The first chapter.mainly describes the merits, The chapter introduces the facts of the case and the judgment of the case, asked the focus of controversy in the case.The second chapter of the dispute in this case points to parse. Bona fide acquisition of real property in good faith to obtain the system concept, nature, and the constituent elements in-depth analysis, which combined with the case of this type of case whether it applies to real estate, the defendant in this case Zhang Yong, a comprehensive analysis of several constituent elements of the system of real estate acquired in good faith compliance.The third chapter, Triggered by the case to extend their thinking. This chapter on the legal issues of the case involves parsing and pre-emptive rights, sees the agency system, common human system and real estate acquired in good faith the system to distinguish and analyze. I hope in trial practice, real estate acquired in good faith can be correctly applied to protect the real victims in the difference between the same time, and other similar system to achieve a good balance with convergence.