On Bona Fide Acquisition Of Real Estate Mortgage

As an important guarantee,mortgage is widely used in real life.And the real estate mortgage is even said “the king of guarantee”.In this paper,the acquisition of real estate mortgage in good faith acquisition as the object of study,in the study of the legitimacy of bona fide acquisition of real estate mortgage on the basis of the specific application of the rules.The full text is divided into four parts.The first part is about the basic problems of the acquisition of real estate mortgage,which is to study whether the real estate mortgage can be acquired in good faith.The positive answer to this question is the logical basis and premise of the specific elements of the bona fide acquisition of real estate mortgage.This part is based on the summary of the system of bona fide acquisition and the expansion of the scope of application,and then seek the legitimacy of the bona fide acquisition of real estate mortgage from the legal provisions and theoretical basis.Among them,this paper has carried on the reconsidering to our country present legislation,and emphatically elaborated on the presumption and credibility of real estate register in the mode of real property right alteration in China.The second part and the third part is on the basis of the first part of the study of the specific elements of the acquisition of real estate mortgage.The second part is about the subjective elements of the bona fide acquisition of the real estate mortgage,which involves the understanding and judgment of the goodwill in the acquisition of real estate mortgage.In particular,it is necessary to distinguish between the good faith of chattel mortgage and real estate mortgage acquired in good faith.At the same time,the general civil and commercial subjects in performing the duty of reasonable care of the conditions,procedures,should distinguish different subject to the real estate mortgage acquisition in good faith,and reasonable duty gives commercial subject more.Finally,this part also involves the description of the time of judgment.According to the relevant legislation in our country,the judgment of good faith in the bona fide acquisition of real estate ownership is the time to complete the registration of real estate.And in this paper of this plate,the authortries to extend thinking: the completion of real estate mortgage registration after a period of time to achieve mortgages also exist in the good faith judgment problem.In the third part of this article,the author discusses the objective elements of the bona fide acquisition of real estate mortgage,which includes the following two aspects.The first aspect is about the study of the reasonable consideration.On the basis of the theory of reasonable consideration of price,this paper discusses the necessity of this element in the acquisition of real estate mortgage from the aspects of property right,mortgage and ownership.Another aspect is the discussion of the validity of the contract.In this paper,through the analysis of the effectiveness of the contract involved in real estate mortgage acquisition possible effects,focusing on the analysis of the right disposition of bona fide acquisition in effect,and that it is necessary to contract into the real estate mortgage of bona fide acquisition elements.The fourth part is the conclusion,which is the summary of the author's viewpoints in the previous three parts.In this part,the author puts forward three problems that should be paid attention to when the court applies the real estate mortgage in good faith.That is to grasp the good faith in the acquisition of real estate mortgage.When it comes to the acquisition of real estate mortgage,it may not consider the reasonable consideration.The contract should be clearly defined as the factors of bona fide acquisition of real estate mortgage.At the same time,this article puts forward some suggestions to perfect the system of bona fide acquisition of the real right in the background of the compilation of the civil code of our country at the end of the article.