The System Of Real Property In Good Inquiry

Since October 1,2007 the property law began,good faith acquisition system was formally established in our country.Our country's system of good faith applies not only to personal property,but also to real estate.China's legislation explicitly includes real estate into this system,which is of great significance for safeguarding the security and order of the real estate transaction market and protecting the legitimate rights and interests of third parties.However,because the regulation of system of real property good faith acquisition of the property law in our country exists the legal system and procedural defects,so it is difficult to solve the problems in the judicial practice.Therefore,improve the system of real property in good faith acquisition,and rich theory of property law,at the same time provide solutions to the problems of real estate in good faith acquisition in the judicial practice to,is necessary.The first part gives an overview of the basic theory of goodwill acquisition.First of all,the concept of real estate acquired in good faith was introduced.In the field of real estate transactions,a third person who is a transferee of property rights trusts to register with a transferor who is a non-discretionary person,and the real estate rights change transaction occurs,and the transferred real property It has been registered under the name of a third person,and the third party of good faith thus obtained the real property right in a final and determined manner,and is not subject to the pursuit of the real right holder.Then it discusses the formation process of the system from the perspective of the history of the system,and then compares the two laws with the specific provisions of the system of good faith acquisition of real estate.The second part analyzes the system from a legal perspective.First of all,demonstrates the components of the system of real estate in good faith acquisition,which including the transferor who shall be for the right to dispose of real estate possessor,paid transferee,the changed registration of property rights,the assignee of goodwill.Then the legal effect of the system of good faith acquisition of real estate is discussed.From the three perspectives of property rights effect,creditor's rights effect,and law application exclusion,they are analyzed one by one.The third part discusses the flaws in the system of goodwill acquisition of real estate.China's "property law" on the acquisition of goodwill in real estate also has the followingdeficiencies: the absence of well-intentioned third parties in the scale of “goodwill”,lack of a sound institutional system for real estate registration,lack of effective legal remedies for the protection of former rights holders,and the acquisition of goodwill from real estate and movable property should not be placed in the same regulations.The fourth part discusses the improvement of the system of real estate in good faith acquisition.Through the defects which the property law exists in China,the article puts forward suggestions to improve it.Firstly,we should establish more strict standards to the third person of goodwill.Secondly,we shall establish a complete unified real estate registration system,and improve the relief measures on the original holder.Finally,we should divide and rule of the movable and immovable property in good faith acquisition.