A Study On Good Faith Of Acquisition By Good Faith From The Angle Of Distinguishing Moveable Property And Real Estate

The identification of good faith in the system of acquisition by good faith has caused numerous discussions since the establishment of Property Law. To identify good faith from the angle of the differences of moveable property and real estate is the research direction of this paper. The first judicial interpretation on several matters of Property Law by Supreme Court released on February 22, 2016 has defined good faith both in a macro and micro way, improvement can still be generated though as the distinction between moveable property and real estate does not play an essential role in it. This paper will start from the logical structure of “way of real right circulation-way of real right representation-way to characterize good faith”.This paper can be divided into 4 parts. The first part analyzes the problems existing in courts of defining good faith and digs current domestic and overseas legislation. The second part researches on the definition of good faith in general and special moveable property. The representation ability of occupation and exclusion of good faith will be discussed. As for special moveable property, Article 23 and 24 of Property Law will be analyzed to establish the effective element of real right circulation and good faith. The third part handles the good faith element in real property and makes the conclusion that objective rule of definition of good faith should be insisted. Occupation does act as an important role in rural areas because registration system hasn't been established there. The fourth part summarizes the whole paper and makes propositions.