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Research On The Protection Of The Bona Fide Third Person In Disposing The Real Estate Without Right

Posted on:2019-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2346330542977786Subject:Law
Abstract/Summary:PDF Full Text Request
In today's society,the real estate,most represented by housing,has risen sharply both in its own value and the value for people,and the impact of real estate changes has also been aggravated.However,in our country's reality,registration of immovable property may cause problems by various reasons,such as registration errors or registration defects,which sometimes can not accurately reflect the real property rights of immovable property.In this case,a bona fide third person who trades without the right to dispose of the trust recorded in the register of real estate may incur loss of profits for the original owner and the bona fide third person.Therefore,we should establish a system to protect the bona fide third person in disposing the real estate without right in order to safeguard the security and stability of real estate transactions.This article includes a total of six sections.The first part is Introduction.This paper mainly introduces the research background of this paper,the significance of the research,the main research methods used and the goals to be achieved.The second part is the first chapter of the text.In this chapter,we first introduce the concept,the legal relationship and the doctrines of the disposing the real estate without right.Secondly,it demonstrates the necessity of the protection to the bona fide third person in disposing the real estate without right.Finally,it discusses the two models of protecting the interests of the bona fide third person in disposing the real estate without right,that is the acquisition of goodwill and the credibility system.The third part is the second chapter of the text.In this chapter,the author mainly discusses the constitutional elements acquired by the bona fide acquisition of real estate.By summarizing the views of the two schools and their main points of view that the bona fide acquisition system should be applied to the disposing of the real estate without right,the limitations of the system of bona fide acquisition of real property are analyzed.The fourth part is the third chapter of the text.In this chapter,through the introduction of what is the credibility of real estate registration and its causes,itpoints out that the academic opposition to real estate registration applies to the credibility of the counter-argument,and sums up the credibility of the more favorable acquisition system to derive the credibility of the real property disposal Better to make a better choice of system this conclusion.The fifth part is the fourth chapter of the text.In this chapter,in order to make the credibility of real estate have the right to dispose of the future development of environment,put forward to improve the uniform legislation of real estate,a clear unified real estate registration purposes,deepen the unity of real estate registration agencies,the development of a unified real estate register system and the establishment of Unified real estate registration information query system and other recommendations to establish a real estate registration credibility of the protection system.The sixth part is the conclusion.Through the exposition of the full text,it is reasonable to apply the goodwill acquisition system to protect the legitimate interests of bona fide third parties under the real situation of our country.However,in the long run,the credibility of real estate registration is the future development Direction,with the gradual improvement of real estate registration,credibility will eventually become the best choice.
Keywords/Search Tags:The Disposing of the Real Estate Without Right, The Bona Fide Third Person, Credibility, Bona Fide Acquisition, The Real Estate Registration
PDF Full Text Request
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