China’s System Of Real Estate Acquired In Good Faith Explore

Bona fide acquisition of property law, special provisions concerning ownership of way,aims to maintain the normal order of market transactions, to protect the legitimate rights andinterests of bona fide third, to promote the security of transactions. In October2007, Chinaformally implemented the "Property Law" stipulates that immovable and movable propertycan be applied to bona fide acquisition, which will no doubt be of bona fide acquisition to anew level. However, the real estate acquired in good faith but no like chattel in good faith ascalm endless controversy from the outset. It is interested in the author’s place, but also thedirect cause of the papers as a research object.Author through a system of real estate in good faith to obtain basic theoretical issues,constitute elements of the legal consequences of exposition, and then introduced into China’sreal estate acquired in good faith that the system of law applicable to the typical situation,problems exist in the system of law applicable in the transition of real estate acquired in goodfaith and how to improve our real estate acquired in good faith system aspects are discussed.The author argues that in this article the following viewpoints:The first part of this article, the author to study the basic theoretical issues of real estateacquired in good faith system as the opening. Focuses on real estate theories of the bona fideacquisition disputes were to be reviewed, favor and negative viewpoints By comparison, theauthor is more inclined to the view in favor of the Acquisition System for Goodwill in RealEstate. Followed by discussion of real estate acquired in good faith the value orientation ofthe system was established, stressed that the system of real estate acquired in good faithpursuit of two values: the maintenance transaction security and the protection of bona fidethird parties. Finally, I compare the major countries of the world of real estate acquired ingood faith system, stressed that the system has a strong social adaptability and vitality, and toestablish a system of real estate acquired in good faith has important significance for China’ssustained economic and social development of real estate acquired in good faith. The second part of the article, the author in accordance with the relevant provisions ofChina’s "Property Law" analysis of the constituent elements of the system and the legalconsequences of our real estate acquired in good faith. First, the emphasis on real estateacquired in good faith of the four constituent elements of the system: real estate for sale rightdisposition; immovable transferee in good faith; registered real estate at a reasonable price forsale and transfer of immovable property shall have been registered. And into the in-depthanalysis of the four elements, in order to accurately grasp the exact scope and standards forreal estate acquired in good faith system. Secondly, the author through a brief analysis of therelationship between the right disposition, bona fide assignee and the original owner toelaborate real estate acquired in good faith the system is applicable to the general legalconsequences.The third part, the author discusses the typical situation of our system is applicable toreal estate acquired in good faith, to analyze the specific application of the system of realestate acquired in good faith, and to provide material for the next part of the article issuesraised. Of real estate acquired in good faith the system is mainly applied to the following twosituations; husband and wife jointly owned real estate acquired in good faith application of thesystem and registration errors applicable to real estate acquired in good faith system. Thepaper discusses the applicable elements and the legal consequences of two suitablecircumstances, in order to sort out the various legal relationship.Article goodwill of our real estate system and perfect as the last part. The first listeddescribed elaborate system of China’s real estate acquired in good faith made inadequateprotection of real property in good faith, real estate registration error situation has occurredand the Remedies for less than three, and secondly they starting the corresponding lists thethree points measures: to strengthen the protection of the parties, to improve the real estateregistration system and increase Rights Remedy.