Discusses The Bona Fide Acquisition Of Real Property

The bona fide acquisition system is an important system in the property law. This system has vital significances in maintaining the security of transaction and protecting the legitimate rights and interests of the third person in good faith. It is generally believed that the bona fide acquisition system is originated in the "hand in hand "principle of the Germanic law. The bona fide acquisition system in the modern civil law, which absorbs good faith element of the acquisitive prescription in the Germanic law, is on the basis of the "hand in hand "principle. The view that the bona fide acquisition system is suitable for movable property, is accepted by the jurisprudence, and reflected in the legislation of many countries. It is a major breakthrough of the property law in our country, that immovable property can apply the bona fide acquisition system. This article discusses about the theoretical basis, the establishment of elements, the scope of application, and the legal effect of the bona fide acquisition system. The theoretical basis of the immovable property acquired in good faith system is the letter to show system in the property law. The immovable property acquired in good faith need to meet some conditions in the establishment of elements. These elements are the following. First, the transfer of property is without right. Second, the transferee of the property is well intentioned, which means he does not know. Third, the property is transferred at a reasonable price. The fourth, the registration of the immovable property must have been completed. The basic legal effect is the third person obtains the property, and the real holder of the property would lose his real right legal status. The immovable property acquired in good faith involves four parties. They are the legal relationships of the original oblige, the assignor, the third person and the registration authority. The original oblige, who would be provided a variety of relief for the principle of fairness by providing the tort liability, and determination the unjust enrichment, and providing the state compensation, is the biggest victims in the immovable property acquired in good faith. The dispute, which due to the transaction of real property, is very common in judicial practice. So applying the immovable property acquired in good faith system, we should clarify the relationship between the immovable property acquired in good faith and other civil law systems, like the house purchasing priority and the apparent agency. Also, we should do e proper balance between them.