The Study On The Problems Of The Bona Fide Of Real Estate

Since the Property law of the People's Republic of China was enacted, the bona fide began to work in the field of real estate, which also had two different kinds of system of real right change mode coexist. Deep-seated contradictions between the formalism and the confrontation and the regulation of our country law which is not perfect make the defects of the system of bona fide of real estate in China gradually exposed.The article bases on the statistics and analysis of a large number of judgments, and sums up the problems existing in the practice. With the developing trend of our country constantly approaching the confrontation doctrine, we use the idea of confrontation doctrine and combine with the present system in our country and balance the interests of the original proprietor and the bona fide third party, so we can try to analyze the problems existing in the practice. We will mainly discuss the following problems: whether false type of person having no right can be protected by the bona fide acquisition, how to identify the bona fide third party and the point of time, whether the contract should be reviewed. At the end of the article, the author will try her best to give some suggestions for the current system.