On The System Of Bona Fide Acquisition Of Real Estate In China's Property Law

The system of bona fide acquisition originated from the principle of "hand to hand" in Germanic law.Because of its universal applicability,all countries in the world have stipulated it.With the rapid development of economy,people pay more attention to the rapidity of transaction and the security of order.In order to meet the requirements of the times,the system of bona fide acquisition has been gradually developed.Real estate is in possession for publicity,and possess strong credibility,therefore,real estate bona fide acquisition system does not have the objection,and for real estate can apply the bona fide acquisition system,due to the influence of various local factors,the world of bona fide acquisition system arrangement and legal structure has its own characteristics.In October 1,2007,China promulgated the "law",defined the real estate also apply the bona fide acquisition system,which is China's legislation on a great innovation and breakthrough,but because only preliminary establishment of this system,so we are deficient in all aspects,in the specific operation in practice there are many problems.Thus,in practice,how to apply the system and better safeguard transaction security and improve transaction efficiency will become a difficult and difficult point in our legislation and judicature.This paper is divided into four parts:The first part: the basic content of bona fide acquisition of real property.First of all,the historical evolution of the bona fide acquisition of real property is roughly combed.This paper starts with the establishment of acquisitive prescription system and the system of bona fide acquisition of movable property,and leads to the establishment of the registration system and the establishment of the credibility system of real estate registration.Then it discusses the bona fide acquisition of real estate by the Germanic law of "hand in hand" evolved,developed countries due to the rapid growth of the economy,innovation of the legal system is also gradually increasing,Germany and France and other countries have established a complete legal system of bona fide acquisition.Secondly,it introduces the three main sources of the establishment of the system of bona fide acquisition of real estate.The registration of presumption and credibility is the theoretical basis of bona fide acquisition system;the protection of bona fide third parties,safeguard the transaction safety,save social cost is the value basis of bona fide acquisition system;registration error is to provide a realistic basis for the bona fide acquisition of real estate.The second part is the legislation of bona fide acquisition of real property.In this paper,we first discuss the specific provisions on the acquisition of real estate by the four countries of the four virtues.Then,the relevant provisions of the four countries are compared,and the advantages and disadvantages of each of them are obtained.Finally,the author expounds the legislative evolution of the system of bona fide acquisition of real estate in China,hoping to learn from the advanced legislation of foreign countries,and then establishes the system of bona fide acquisition with Chinese characteristics.The third part: the defects of the system of bona fide acquisition of real estate in China.First of all,this paper expounds the two kinds of attitude of real estate acquisition in good faith in our theoretical circles.Then explain the views and reasons for supporting or opposing.This part focuses on the system of bona fide acquisition of real estate in China under the current social background.It mainly includes: the definition of unauthorized disposition is not clear;the "good faith" and "reasonable" is not clear;the lack of protection of real rights.The fourth part: the perfection of the system of bona fide acquisition of real estate in China.This paper presents the shortcomings of the third part Some suggestions for improvement.Namely: "property law" should be the bona fide acquisition of real estate and the bona fide acquisition of real estate to set up a separate clause;scope of unauthorized disposal confirmation;clear standards of goodwill;clear grasp reasonable price;to strengthen the real rights of security system in five aspects.