Research On Legal Problems Of Real Estate Acquired In Good Faith

Bona Fide Acquisition is based on comparing personal interests and social interests, in order to protect the interests of the third person in a market economy system at the expense of real obligee’s interests. Bona Fide Acquisition in order to promote market trading, has made a positive contribution to protect the safety of trading. Before China’s "property law" promulgated, bona fide acquisition system applicable objects are limited to personal property. With the sustained and rapid development of China’s real estate industry in recent years, real estate and real estate value high liquidity greatly enhanced the characteristics decided to maintain the stable real estate market and the importance of transaction security. "Property law" promulgated marks the formal establishment of bona fide acquisition of real estate in China, which has important significance in the real estate market order stabilization and transaction efficiency improvement. But because of "property law" promulgated time is shorter, the theoretical level of the judge in our country is uneven and "property law" Article 106 for the components of bona fide acquisition of real estate is not good specific enough, leading to bona fide acquisition produced in the process of judicial practice confused with other similar system of case and some other problems, and leading to the system of real property in good cannot give full play to its due role. This article is drawn up by a typical case analysis, detailed bona fide acquisition of real estate, in order to enable a better understanding of bona fide acquisition of real estate, provide theoretical support for the judicial practice.This paper by three typical case analysis, case for the focus of controversy, combined with theoretical analysis and discussion of contentious issues put forward their own views. Mainly obtained from immovable property rights in goodwill scoping punishment, the study of real estate acquired in good faith judgment in good faith and reasonable price criteria the three aspects of real estate acquired in good faith in order to make the system better able to be applicable, provided the theory of judicial practice stand by.