On The System Of Bona Fide Acquisition Of Real Estate

As an important system in the property law,the system of bona fide acquisition of real estate has always been a hot topic and focus of the scholars of civil law both at home and abroad.Due to the different understanding on the legal value of transaction security as well as different political,economic,cultural and historical backgrounds in different countries and the different definition and division of bona fide acquisition system between the common law system and the civil law system,the systems of bona fide acquisition of immovable property in various countries are different in the constitutive elements,thus there is inconsistency in the relevant specific provisions of the law.The paper analyzes the legal and legal purposes and current status of real estate in China,the necessity and practical significance of establishing a system of bona fide acquisition of real estate,and compares it with the relevant legal provisions of the system of bona fide acquisition of real estate in foreign countries.A series of related issues in the implementation process are discussed and analyzed.In view of the fact that the specific use of movable and immovable property in China's real estate bona fide acquisition system has not been differentiated and the problems existing in the operation of the real estate registration system,corresponding suggestions have been put forward.First,it is necessary to clarify the two components of the constituent elements and the judgment of bona fide between acquisition of movable property and real estate.Second,improve the relevant systems of real estate registration,formulate special laws on real estate registration,set up specialized government agencies responsible for the registration of real estate,and establish an information disclosure and review system for real estate registration.Finally,the paper proposes that the legal relationship between the parties involved in the bona fide acquisition should be clarified,in particular,the relations must be made clear between the unauthorized person and the assignee,between the unauthorized person and the obligee and between the assignee and the obligee,so as to strengthen a series of protections for the obligee in the exercise of their rights and interests.There are still many problems in the study of real estate bona fide acquisition system,both theoretically and practically,which are worthy of in-depth study.The studyof this issue is beneficial to the further perfection of China's property right legal system.