Analysis On The Identification Of The Good Faith Of The Bona Fide Acquisition Of Real Estate

The Bona Fide Acquisition of real estate has been a major topic in the theoretic field of property law.Meanwhile,with the real estate industry more and more hot in recent years,it also has been popular at the practice circle.However,in view of the good faith judgment,most opinions are divergent.The key lies in the abstract concept--”good faith” which is not concrete to control,causing great controversy.Hence,what's the connotation of it? What's the relationship between this concept and negligence or reasonable price,the two factors of constitutive requirement?How can we have a certain rule to judge?All of them couldn't be avoided when we want to make a research.This paper consists of three parts:introduction,text and conclusion.The main body is divided into three chapters.Chapter 1 The analysis for the concept of good faith of the Bona Fide Acquisition towards real estate.From the history and theory of the concept of good faith,to explore its development path and on the basis of studying relevant provisions of different countries,to conclude that the good faith is just a kind of mental state with cognitive error towards such a legal fact.Meanwhile,when it belongs to the Bona Fide Acquisition of real estate,we should consider its institutional value and purpose.This is the first one aspect.Second,the relationship of the good faith and gross negligence in the Bona Fide Acquisition of real estate.Based on the study of comparative law andthe academic considerations and juridical practice,the latter shouldn't be included in the former.At the same time,the relevant provision of judicial interpretation is confirmed under correction.Third,the relationship between the good faith and reasonable price.This part focuses on the necessity being a solely constitution to further prove the problems and shortcomings.Chapter 2 the selective elaboration of the subject and object of the the Bona Fide Acquisition towards real estate.For former,paying close attention to the question of the person with no disposal rights in the circle Acquisition,whether can be identified the subject of the good faith.On the foundation of the main legislative background and purposes,its answer is no.For the latter,to study the good faith is towards to the register book of real estate or the right of disposition.From the scholars and rules of Germany,to create some cases demonstrates that the right of disposition can't be the object.However,it should be expressed by the direct carrier--register book of real estate.Afterwards,to verify the ideal through the essential difference.However,the concept of register book contains many points and it is necessary to exclude factors which are not included in the object of the good faith and to limit on the right matters.Besides,this paper also specifically mentioned the object don't contain the concept whether the object contains the dealership or not.Chapter 3 The identification of the judgment time of the Bona Fide Acquisition towards real estate.As everyone knows,the issue has three theories at least:”the Application””the Register””the Transfer” etc.and couldn't reach a unanimous conclusion.The popular viewpoint supports the second one,which has the same view with the judicial interpretation of the Property Law.However,this paper sustain “the Application” through the analysis of the reasons of above theories.Then,focusing on the legitimacy of “the Application” and the retort towards improper points.At last,the view of this paper returns to balance of interests between the reality and the assignee.