The Study On The System Of Bona Fide Acquisition Of Real Estate

After the system was made in good faith over the trade-off between personalinterests and the interests of society, the establishment at the expense of real humanrights protection system in consideration of the potential market transactions in thethird person of interest. Originally acquired in good faith regime applicable only topoint to the exclusion of movable immovable apply. With the prosperity anddevelopment of the land market and accelerating the transfer of real property and theestablishment of a registration system, extend to bona fide acquisition of real estatefields. In2007,"Property Law" official purposes, its provisions in a side by sideprovides bona fide acquisition of movable and immovable, quite academic criticismof such legislative model, then the provisions of endless academic research. On theone hand, affirmed the bona fide acquisition of an innovative way to attract the realestate, on the other hand, critical provisions of the two systems hybridity, essentiallyignoring their differences. This paper intends to study history acquired in good faithby the extraterritorial provisions of the legislation, according to the theory andlegislation, constituent elements and other aspects of real estate acquired in good faithto explore our system.This paper consists of three sections:The first chapter introduces the history of real estate acquired in good faith, bonafide acquisition of real estate is movable property acquired in good faith on the basisof the development of the system formed, and thus explore the development processof real estate acquired in good faith must understand the history of the source ofmovables acquired in good faith. Then, with the establishment of the development of the land system, registration system for real property acquired in good faith to providethe basis for generating system. Then introduced the legislation of foreign countries,mainly affirmed France, Japan and the negation of real estate acquired in good faithand legislative model systems in Germany, Switzerland, Taiwan, real estate acquiredin good faith legislative model system, but also examines the differences between twodifferent legislative models reason, different movements are closely related to theirmajor and property rights, the effectiveness of the registration as well as economic,ideological and other factors. Finally, analysis of the impact of extraterritoriallegislation mode patterns and changes in property registration system establishedefficacy, combined with their own national conditions, established with thecombination of internationalization and localization system of real estate acquired ingood faith.The second chapter introduces the theory of real estate acquired in good faith inaccordance with the system of property that no sexual behavior theory to explore theprinciple of non-sexual behavior property creation, development, German legislationadopted for reasons of Ownership without theory and the real goodwill made systems,contracts and goodwill of the people who signed the third case is invalid, because ofhow property rights theory to explain the behavior of non-bona fide third person to thereal property is still effective internal logic. Then introduce the principle of publicityof public trust estate acquired in good faith in accordance with the legislative systemthat is registered with the absolute nature of property rights in the form of legislationto force the law requires the registration of real property must be manifested in theway of publicity so that others understand the changes in property rights cases, and togive strength and credibility to obtain registration presumption to establish a system toprovide the legal basis for the real goodwill. Finally, the system of real propertyacquired in good faith legislative value.The third chapter describes the four constituent elements of real estate acquiredin good faith. First, a clear system of real estate acquired in good faith in the rightdisposition connotation-registration is limited to the case of an error, the error is onlypointing to the registration rights issues without errors including errors of non-rightsissues, but I think that applies to real property described shall be made in good faiththe main reason to exclude false disposition. Secondly, clearly well-intentionedstandards defined time points acquired in good faith and good will of the burden ofproof in litigation. Then, the analysis of real property made bona fide third parties must comply with the agreement of the person entitled to dispose of reasonable priceand has been partially fulfilled the obligation to pay the price of the constituentelements. Finally, noting changes according to different modes of real property, theregistration requirements adopted doctrine of real estate registration has beencompleted, the adoption of real estate registration antagonism has been transferredpossession of the immovable property to be on the certainty attributable to bona fidethird parties.