Theory Of Real Estate Transaction In The Third Person In Good Faith Protection Legislation Mode

With the development of the market economy,the real estate trade is increasingly frequent,the third person of benefit protection problems in the real estate transaction is also growing.The interests of a third person affects the stability of the whole transaction order,the current of real estate market the protection of the third person has two modes: real estate in good mode and the real property register credibility.The vast majority of the country is through the real property register credibility model to protect the interests of the third person of the real estate transaction,establish the absolute credibility of the real property register.Our country is through real estate system of good faith to protect the interests of a third person,real estate system of good faith is our country's initiative.,the good faith system of real estates in China is in the traditional civil law theory,the system of bona fide acquisition of transformed directly,so that led directly to the property law in our country's real estate system of good faith and good faith system shall be prescribed in article 106 of the integration of real estate in good general applicable to bona fide acquisition of constitutive requirements.Since established system of real property in good,real estate transactions taking place frequently in the judicial practice in the interests of a third person cannot be guaranteed.In terms of property sales,\ "didn't the money didn't,room\" of the situation.The author in this article,specifically describe system of real property in good embarrassing situation in judicial practice.Real property and personal property with the nature and function of their own,led to the judicial practice of system of real property in good foundation unable to protect the interests of a third person in good faith is the components of the system of real property in good directly apply the components of the system of bona fide acquisition.The author thinks that shall set up separate to the system of real property in good terms.In addition,there are strict procedures,the registration of real property register fact is,its error rate is not high,to establish the absolute credibility of the real estate credibility to protect the interests of the third person of the real estate transaction can solve the embarrassing situation of real estate in good system.