On The System Of Obtaining Goodwill In Real Estate

In 2007 passed the Real Rights Law of the People's Republic of China,the article106 of the Rule the good faith system,make the system not only for personal property,but also is applicable to real estate.The establishment of the system,make the civil and commercial subject in the process of property circulation,to note carefully,to avoid their property by a third person in good,at the same time and the system guarantee the original holder of the right to receive compensation in time.The system of real property in good study this paper from the following several aspects:First,this paper analyzes the related theory of real estate in good system,through to the relevant concepts,theoretical introduction,lay a foundation for the following analysis.Second,whether for real estate apply to the system of real estate acquisition in good faith before the does not the Real Rights Law of the People's Republic of China expressly provided,the theoretical circle has different opinions,this article mainly from two aspects of affirmation and negation say is analyzed.At the same time for foreign legislation about the system of real property in good analysised and studied.Third,the system of real property in good the cognizance of the constitutive requirements of good faith,good time point of analysis identifying,reasonable price,etc.Fourth,in view of our system of real property in good legislation there is a contract effectiveness is not clear,the holder of the real problems such as inadequate protection of the rights for analysis.Fifth,to improve the system of real property in good better,promote the development of trade,in this paper,the problems existing in the system of real property in good put forward a series of perfect recommendations.