Acquisition On Good Faith In Cases Of House Registration

Citizens, legal persons or other organizations refuse to accept the housing registration act of Housing Registration Authority and institute an administrative litigation. If the defendant or a third party of the administrative lawsuit claims that the house has been acquired on good faith by the third person involved for some reasons. Whether the court should hear the case of House Acquisition on Good Faith? If need to hear the case, what adjudging criterion should be followed when the court judges whether the third persons' acts constitute Acquisition on Good Faith? If Acquisition on Good Faith is affirmed, how should the court judge the housing registration act? These are common problems the court meets in Housing Registration cases.Housing Registration case is a kind of administrative litigation case. It takes Housing Registration Authority as defendant and it works on the housing registration legality judgment. If the third person may acquire the house on good faith according to The registration of the defendant or its subsequent registration, the court should hear the bona fide acquisition case. This not only improves the litigation efficiency but also reflects the value of the third paragraph of Article 11 of Supreme People's Court Law “The provisions of the several problems about the housing registration cases ”; In housing registration case, bona fide acquisition Judging Standards should keep consistent with the civil case Judging Standards. It means whether the bona fide acquisition constitute should be judged on the following four elements: Have no right to dispose of people have the "right" appearance, the assignee "good faith" and the transferee have "paid", the assignee to complete the "registration"; As for the related proof-providing responsibility assignment, the burden of proof is on the original obligee who does not constitute bona fide acquisition. In the meantime, the third person should prove the following facts: 1. The third person acquired the ownership and hypothecation of the involved house from Have no right to dispose of people; 2. The third person had a real deal with the Have no right to dispose of people; 3. The third person agree the rationality of the Dispose of people. Even the registration act that the third person bona fide acquired the ownership of the involved house violates laws, the registration can not be removed, it can only be confirmed to be law violating. Confirming the registration act to be law violating, can supervise the administrative organizations perform their official duties according to law. It can protect the legitimate interest of the third person and safeguard transaction security and market economic order, achieving a butt joint of executive law and property law.