Research On The Bona Fide Acquisition Of Mortgage

The bona fide acquisition distinguishes goodwill and malicious of the assignee toprotect the interests of the goodwill dealer. It considerate give both the obligee and thetrader,adapts to the development of the economy, has been widely applied in theworld. Mortgage has been the most important real right guaranteed in the civil law ofall countries. It has significant importance to promote the completion of the creditor’srights and make sure payments flow smoothly.In practice, possessor of the movable or owner who has been documented in therealty ownership certificate is different from the real owner. The bona fide transfereedeal with the the mortgage holder due to the trust interest of publicity and public trust.Under such situation, whether the mortgage can be applied to real estate,how can itapplied to real estate have many divergences in the theory and practice fields. Theproperty law which enacted in2007article106affirmed that both movable andimmovable property all can be suitable for real estate.But the regulations of otherproperty rights being suitable for real estate is” The parties get the other propertyrights witch applied to real estate,apply the two preceding paragraphs.” There’s norule didn’t provide that the mortgage being suitable for real estate in the guarantee law.Therefore research on system of mortgage being suitable for real estate is necessary.In this paper, the bona fide acquisition of mortgage will be studied in the nextfive parts:The first part is the basic content of the bona fide acquisition system, mainly through the main content of the bona fide acquisition system, also include historicalorigin,legal requirement, setting up meaning, as well as the the oretical basis of thebona fide acquisition system.The second part is the discussion about the bona fide acquisition of mortgage.Mainly from the basic connotation of mortgage,legal basic,the law basis,thecoordination between the principle of public summons and the bona fide acquisitionsystem,and whether real estate apply to the bona fide acquisition.The third part is the study on the bona fide acquisition of chattel mortgage.Mainly from the components of the system of chattel mortgage in the bona fideacquisition, the interests of the bona fide holder of the mortgagee with other conflictresolution to talk about the bona fide acquisition of chattel mortgage.The fourth part is about the study of the bona fide acquisition of real estate mort-gage. Obtained the premise condition of the the bona fide acquisition of real estate m-ortgage,As well as the research on the applicable constitutive requirements analysis ofthe bona fide acquisition of real estate mortgage.The fifth part talks about the perfection of legislation in China. First about theregulations on the bona fide acquisition of mortgage in Germany and Taiwanmortgage.then the current situation of the legislation of our country.On the basis ofthe extraterritorial legislation, give advice to the improvement of the bona fideacquisition of mortgage in our country.