Study On The Application Of The Bona Fide Acquisition Of Real Estate In China

The Bona Fide Acquisition which originated from the principle of "Hand muss Hand Wahren" in The Germanic law is an important content of modern civil law of property right system. It relates to two aspects, which includes the protection of property ownership and the protection of transaction, and tries to balance the benefit in the owner and the third party. The subject matter of the Bona Fide Acquisition include movable property suitable which is the last word that believed by scholars. On the contrary the real estate is suitable for the Bona Fide Acquisition or not which there are arguments on the articles and theories for. The Real estate which has generally value concerns the stability of our country, thus the real estate suitable for the Bona Fide Acquisition or not, which is not only a transforming of the legal term, but also a choice for the legal system, and has a great significance.The Real Right Law of the People’s Republic of China which was promulgated and implemented in2007. include the real estate and movable property in the scope of the The Bona Fide Acquisition for the first time. in order to set up the "integration" model of The Bona Fide Acquisition system, which is a innovation different from the other countries in the world. On the other hand, this model has some questions to analyze. First of all, on the system architecture, real estate and movable have many differences on natural attribute and public methods, thus how to coordinate system internal relations in; Secondly, on the system theory application, how to defined some important conceptions accurately which came into being by the hazy constitutive requirements; Third, on the judicial practice application, which kind of real estate could be applicable for the Bona Fide Acquisition system and how to define the scope of the Bona Fide Acquisition of real estate.Firstly this paper describes a case relating to the Bona Fide Acquisition of immovable in the first chapter and analyses the core issues in this case. Then draws out the theme of this paper which will be discussed next. The second chapter defined the concept of the Bona Fide Acquisition of immovable and other related basic concepts. Then observe the Bona Fide Acquisition of immovable system on the base of China and abroad from the comparison method, and finally analyzes the establishment of the Bona Fide Acquisition of immovable on theoretical basis and social economic basis. The third chapter analyzed the Bona Fide Acquisition of immovable system design from the constitutive requirements, legal effect, legal relief and the relationship between the Bona Fide Acquisition of immovable and the real estate registration. The fourth chapter paper summarize the difficulties between judicial practice and theoretical practice furthermore put forward some actions to improve our country’s the Bona Fide Acquisition system.