The Research Of Bona Fide Acquisition Of Real Estate

The system of bona fide acquisition originated from Germanic law principle of "hand in hand", is an important system in the civil law. It is the security system in a sacrifice of property at the cost of the security and protection of property moving, it has important meaning to protect the safety of transactions, to maintain social and economic order and stability.In our country, the system of bona fide acquisition through the theory and practice of long-term exploration, has broken through the limits in the field of real estate transaction, extends to the real estate transaction field. "Property law" promulgated in 2007, formally established the immovable property.This paper from the system of bona fide acquisition concept, origin of bona fide acquisition, clear the venation of the theory in our Ancient Chinese Literature Search circles "affirmation" and "Negation" struggle, demonstration and analysis of the bona fide acquisition of real estate in our country, the theoretical and practical basis for the basic system structure; real estate bona fide possession (constitutive requirements, legal consequences) was studied in detail, analyze the existing in our country real estate bona fide possession system defects and deficiencies in our country, and the system of bona fide acquisition forward related suggestions.The first chapter about an overview of the basic theory of the system of bona fide acquisition. Expounds the historical origin, the system of bona fide acquisition of real estate in good faith system in the development of all countries, the bona fide acquisition of real estate in the affirmation and negation of our struggle, and the analysis of real estate bona fide acquisition system theory and reality basis.The second chapter about the analysis of the bona fide acquisition. The real estate is defined, based on the theory discussion of estate bona fide possession system is decentralization, in good faith, reasonable price, the registration of change of four elements.The third chapter about analysis of the real estate legal consequences of bona fide acquisition. First pointed out that the real estate legal consequences of bona fide acquisition mainly includes the change of real right and creditor debtor relationship occurred in two, followed by the relationship between the rights of real people, real right transferor and the bona fide third party, grasp the real property acquired in good faith the cause of change of real right and creditor’s rights effect etc..The fourth chapter about analysis pointed out that China’s current real estate problems and perfection of the bona fide acquisition system. Firstly, from two aspects, and points out that the legal provisions and practice of supporting system of our country estate bona fide possession system of some defects, including:lack of "good faith" and "reasonable prices" that the specific provisions, the acquisition of real estate in good faith and chattel bona fide acquisition merger provisions in a bar in this paper is not reasonable, bona fide acquisition and the application scope is not clear, real estate registration and management authority certificate is not unified, the objection registration system is not perfect, real estate registration liability is not clear. Secondly, in view of the above defects give relevant suggestions:one by one on the goodwill or reasonable prices make a more clearly defined, the movable and immovable property acquired in good faith to separate provisions and the establishment of the real property registration system complete and unified.