Study On Good Faith Acquisition System Of Real Estate

Real estate acquired in good faith system is an important content in the legal system of property rights. It derived from the system of movable property acquired in good faith. The law of property right to make up the integrity of the legislative system,and play an important role in the protection and promotion in the maintenance of dynamic transaction security, protecting the interests of bona fide third parties, in order to consolidate economic transactions based on trust, and promote stable economic healthy development.However, real estate acquired in good faith whether to adapt the system itself had experienced a long period of debate in our country. Although it was confirmed in property law in the final, but it still exists many problems from the legislation to the operating level. These problems have complex relationship with the real estate acquired in good faith developing history, values, components, especially our country’s current practice foundation and implementation of the environment. To solve these problems, we are required to re-examine the eyes to analyzing the advantages and disadvantages of the real property acquired in good faith’s institutional theory built, the scientific legislative system and gains and losses in the judicial practice. Meanwhile, the system are different in civil law and common law legal systems of different countries, so we should carefully analyze the experience of these countries to jointly improve our system construction.This article is based on the above considerations, from the theoretical construct, practical foundation and the performance of the concrete application of our national conditions as well as foreign countries and Taiwan of China’s legislative revelation, etc., trying to take acquisition and analysis to put forward a system suggestions and ideas to develop the real property acquired in good faith.