The Study On The Good Faith Acquisition Of Real Estate False Punishment

Since China’s "Property Law" (Article 106, para.107) provides that its bona fide acquisition system, related cases continue to appear in the trial practice, the "Property Law" in good faith to achieve a predetermined system is too broad, the law is not perfect, trial practice referees who can not help but have a lot of confusion on this. Through two false dispose of immovable property and mortgage cases lead to false dispose of immovable property and other property rights acquired in good faith whether the applicable rules of real estate issues, focusing on whether the system made under false circumstances applicable sanction goodwill and false disposition of real estate acquired in good faith compliance with the rules the applicable requirements for analysis.This paper is divided into five parts.The first part of this article discussed by the two cases leads to the question, namely whether the case of false sanctions applicable under the bona fide acquisition of real estate rules.The second part of this paper, both theoretical perspectives on false bona fide acquisition rules apply sanctions if the pros were introduced and analyzed the theoretical basis to support all points of view.The third part, we look from the right angle and risk control can be used to dispose of bogus argument bona fide acquisition rules and sanctions for false compliance with the applicable requirements of real estate acquired in good faith were discussed, in which the "false punishment" whether it is "not entitled to dispose "category; good faith judgment criteria and point;" reasonable price "criteria and its application in practice focuses were. Through the analysis of the constituent elements of real estate acquired in good faith, the paper cited two "false punishment" case of real estate acquired in good faith compliance with the rules of the constituent elements.The fourth part, the paper false agency by estoppel is applicable sanction rules, jointly owned common property dispositions and the Innocent difference rule, dispose of immovable false case of bona fide acquisition of real estate registration department and several liability associated with "false punishment" real estate Several legal issues were discussed.Finally, the paper discusses issues briefly reviewed and summarized.