The Research On Bona Fide Acquisition In Real Estate

As a historic system in the Civil law, the system of bona fide acquisition is meanto maintain the security and order in transaction. It is gradually established with thedevelopment of economy, the progress of society, and learning from and absorbingthe rational ingredients in other systems. Although there has been the budding of thesystem of bona fide acquisition, theorists have not come in to an agreement of its allinspects, its still a matter of opinion until today.Chinese scholars are focusing on the system of real estate acquisition in goodfaith, since the promulgating and implementing of Property Law has changed thetradition that the system of bona fide acquisition is only being applied to real estate.Yet there are many problems in the process of implementation of Property Law. Thispaper intends to analyze these problems, and puts forward the tentative ideas toimprove them.This paper takes the basis of the system of bona fide acquisition origin and theregistration system of immovable property legislation in other countries and theproblems during the process of implementation of Property Law as the starting point,focuses on the definition of components of the system of real estate acquisition ingood faith and the similarities and differences between the system of real estateacquisition in good faith and the registration system of immovable propertylegislation by using historical analysis, comparative analysis and value analysismethod. The main body of the paper can be divided into five parts:The first part interprets the meaning and origin of the bona fide acquisition ofreal estate, and then introduce it＇s bases of existence, including value basis, logicbasis and social basis.The second part mainly analyses components of the system of real estate acquisition in good faith, mainly includes the unauthorized disposition, third peopleof goodwill, to pay a reasonable price and complete the publication of real right.Although Property Law has made a unified regulation on the movable and immovableproperty acquired in good faith, in the identification of many problems should adoptdifferent standards, since the movable and immovable property are fundamentallydifferent. This part will elaborate some problems about the identify of the componentsof bona fide acquisition of real estate that should be pay more attention by taking thebona fide possession identified elements as a contrast.The third part mainly elaborates the status quo and problems occur in theapplication process in China. As a very important system in Civil Law, the system ofbona fide acquisition has intersections with a lot of other civil law systems. Thus, allrelated system must work together seamlessly to achieve the aims and effects thatestablished by bona fide acquisition system. As Property Law is a new law, thepromulgation and implementation of it conforms to the development trend ofeconomy, but at the same time it also leads to conflict with some of the old systems,such as conflict with contract law system, the immovable registration system, as wellas the common property of the couple system and so on. This part is mean to improveand consummate bona fide acquisition of real estate and it＇s relevant systems bymaking a comparison of the contradictions between the relevant systems, andpointing out their deficiencies further.The fourth part elaborates the regulations related to bona fide acquisition of realestate made by China’s "property law" and other countries, including, the registrationconditions represented the German, registration confrontation doctrine represented bythe France and Japan, and the Torrance registration system created by the Australia.