Acquisition Of Real Estate In Good Faith In Article 106 Of Property Law Of The People's Republic Of China

Due to the influence of historical factors and the imperfect form of real estate registration,the public trust system of real estate registration has not been established in our country.In order to ensure that the bona fide buyer can rely on the record of real estate register and the transaction behavior of the disposer based on the principle of public trust of real estate,Article 106 of the property law of China establishes the bona fide acquisition system,which sacrifices the safety of static property It ensures the security of dynamic transaction,and then protects the rights and interests of bona fide buyer.It provides a solution for bona fide buyer to obtain the final ownership when the registration right status is inconsistent with the real right status.However,this does not mean that there is no need to protect the legitimate rights and interests of creditors or real obligees.It is only a balance made after weighing the relationship between creditors or real obligees and bona fide buyers and the social and economic order.When the transferee acquires the ownership of the real estate according to the system of acquisition in good faith,it should protect the rights and interests of the real obligee at the same time.The first part mainly introduces the case,judgment result and case exploration of the house sale contract selected in this paper.Combined with the quantitative retrieval and analysis of the cases of bona fide acquisition of real estate on China judicial document network,it is necessary to explore the problem of bona fide acquisition of real estate again.The second part introduces the general theory of bona fide acquisition of real estate,including the theoretical basis of bona fide acquisition of real estate,the legislative evolution of bona fide acquisition of real estate,the legislative disputes of bona fide acquisition of real estate,and distinguishes the bona fide acquisition system of real estate from the public trust system of real estate registration.The third part mainly introduces the elements of the acquisition of real estate in good faith: first,the transferor must be the person without the right to dispose;second,the transferee must be in good faith;third,the transferee should be paid at a reasonable price;fourth,the registered real estate that should be registered according to law has been delivered without registration.The fourth part gives the relief way to the real right holder of the real estate.According to the faults that lead to the inconsistency between the real right state and the real right state of registration,two reasons are distinguished: one is caused by the registration mistake;the other is not caused by the registration mistake.The real obligee's losses caused by registration errors can be remedied by claiming compensation from the registration authority.The real obligee's remedies include claiming the liability for breach of contract,tort liability and unjust enrichment.