On The Component Of Bona Fide Acquisition Of Real Property

The Property Law of the People’s Republic of China implemented on October1,2007formally established the system for bona fide acquisition, which provides that bona fideacquisition is applicable to movable and immovable property. The establishment of good faithacquisition system for real property is conducive to the protection of the interests of the thirdparty, and the safeguard of the transaction security and the market order, but the componentof the system has a lot of controversies in the application to specific cases, and the supportingjudicial interpretations have not been published. This thesis analyzes the bona fide acquisitionof real property from the judicial practice. This thesis consists of six parts:Part One introduces the details of the three cases selected in this thesis and the judgmentthoughts of the trial court and summarizes the application circumstances of good faithacquisition system for real property in the judicial practice and the relevant clauses involved.Part Two enumerates the major focuses in dispute of the said cases in the judicialpractice, especially in the Chongqing’s courts at various levels.Part Three introduces general theory for good faith acquisition system for real property,mainly including its historical background and the theoretical disputes on good faithacquisition of real property in our country (mainly including negative theory and positivetheory) as well as the provisions of our current law on good faith acquisition system for realproperty.Part Four mainly introduces the component of good faith acquisition of real property.Through conclusion and refinement from the component, this part proposes:1. the transferorhas unauthorized disposition of immovable property, which is the prerequisite condition;2.thetransferee must be paid at a reasonable price;3. the transferee must be in good faith, which isthe core component;4. the real property has been registered under the name of the transferee.Part Five introduces the legal effect of good faith acquisition of real property, includingthat the transferee shall obtain the property right of the subject matter such the ownership andthat the original owner who loses the right because of bona fide acquisition of the transfereemay claim the right to the transferor.Part Six proposes the author’s disposal opinions on the three cases enumerated in PartOne by applying the relevant components of good faith acquisition system for real property.