A Study Of The Component Of Procuring Immovable Property In Good Faith

The system of goodwill acquisition is a good system that protects the order of ownership of property and the double order of property circulation by sacrificing the interests of the original right in order to achieve the purpose of protecting the third party in good faith and maintaining the order of stability.But have to admit that it is a "double-edged sword",its breakthrough"ownership first" traditional legal philosophy,which to some extent threatened the ownership of the foundation,easily lead to arbitrary disposition of others arbitrarily disposition of other people's property The third person acquires ownership of the property and infringes upon the ownership of the original owner,which is undoubtedly an absolute challenge to the ownership authority.Especially for the high value,people need to live real estate,is particularly important.Therefore,we must carefully measure the real interests of real estate rights and goodwill transferees,according to the law strictly control the composition of good faith to obtain the elements,a profound understanding of its legislative purpose,role and significance,through its constitutive elements of a reasonable explanation,Strict restrictions,to provide a sufficient basis for the choice of interests,so as to give full play to its role in China's economic development.This paper chooses the constituent elements of real estate to obtain the constituent elements as the object of study,and takes the literature research method as the main object.It collects,summarizes,classifies,classifies and compares the literature by collecting a large number of real estate in good faith.Based on our legislation and judicial practice,Combined with different countries and regions of the real estate acquisition system of good faith acquisition system,for the real estate in China to obtain constituent elements in the legislative and judicial practice in some of the problems,disputes were discussed,analysis,in order to obtain a good system of real estate better service In the cause of socialist rule of law.In addition to the introduction and conclusion,the main body is divided into five main parts:The first part is an overview of the real estate acquisition system.This part is intended to lay the foundation for the full text.Firstly,it explains the related concepts involved in the study,and demonstrates the theoretical basis and legislative value of the real estate acquisition.On the basis of affirming its value,it is pointed out that the constituent elements are of vital importance to the system of obtaining goodwill in real estate.At the same time,although the provisions of the law are stipulated,the provisions of each constituent element are not comprehensive and clear.Therefore,To carry out in-depth analysis of the elements,for the following four elements of the study of bedding.The second part analyzes the elements of the assignee with no disposition.This part is intended to clarify the prerequisites for the application of the system in good faith,the meaning,scope and the power to dispose of the contract.After determining its connotation and its right to dispose of the person's right to have the legal right appearance request,analyzed the judicial practice in the impostor,the unregistered real estate two kinds of specific circumstances of the right to dispose of in the real estate acquisition area is applicable to the dispute,In order to clarify the importance of clarifying the meaning of the meaning,type.Finally,the relationship between the effectiveness of the contract in the bona fide acquisition and the goodwill of the real estate is discussed.The third part discusses the goodwill of the assignee.Goodwill is the core element of the goodwill of real estate,which plays a decisive role in balancing the interests of the real right and the third person.This part introduces the importance of goodwill in the system of good faith acquisition of real estate,the connotation of "goodwill",the standard of goodwill and the existing problems.The author points out the author's opinions on the cognizance of the subject of the goodwill in the act of soliciting,the condition of the subject of the goodwill,the determination of the goodwill of the term of the contract,the assignment of the burden of proof in the litigant's litigation,and gives the author's point of view.The fourth part is about the "reasonable price" of the recognized standards.Reasonable price is not only one of the representations of the goodwill of the assignee,but also one of the main sources of relief after the real right is lost.This part discusses the definition of "reasonable price" as the "reasonable price" and "reasonable".On this basis,it is necessary to discuss whether real estate acquisition must be the same as the movable property at the reasonable price.Whether the price has to be paid Of the controversy,and gives the author's own point of view.The fifth part discusses the requirements of real estate in good faith to obtain the change of property right.The change of the real right is the final requirement of the goodwill of the real estate.The understanding of the provisions of Article 106(3)of the Property Law is the key to the realization of the change of the real right in the real estate.On the basis of analyzing the concept of real right change and the real right of real estate to make the final change of real right,this paper puts forward that the change of real right of real estate in good faith should be combined with our special change of real right and can not be required to complete the registration Prevail.