Research On The Legal Issues Of Bona Fide Acquisition Of Real Estate

With the development of market economy,there are more and more transactions in our country.In order to ensure the order and safety of transactions,Article 106 of 《the property law of the People’s Republic of China》 regulates the acquisition of real right in good faith,which includes the identification of ownership of movable and real estate in case of no right.Due to its flexibility,the application of the system of acquisition in good faith in this field is rarely controversial and relatively mature.However,there is a big difference between the method of publicity(Registration)of real estate and the method of publicity(possession)of real estate.Therefore,how to properly explain the components of acquisition in good faith of real estate based on Article 106 of 《the property law of the People’s Republic of China》is of great importance to the protection of real estate It is of great significance to safeguard the security of transaction,safeguard the real right of the real right holder and improve the real estate registration system in China.In addition,due to the importance of housing for people’s daily life and the growing prosperity of the real estate market in China,this paper mainly focuses on the dispute resolution of housing in real estate.On March 1,2016,the interpretation on Several Issues concerning the application of 《the property law of the People’s Republic of China(1)》 was implemented,avoiding some controversial views:(1)Whether bona fide acquisition is applicable to false name punishment;(2)Who is the subject of good faith in agency;(3)Whether the real estate should be transferred at a reasonable price;(4)Whether the consideration must be actually paid.This makes the application of bona fide acquisition of real estatehave some difficulties.From the perspective of three cases,this paper analyzes the legal issues of bona fide acquisition of real estate,summarizes and refines how to correctly apply the bona fide acquisition system when the real estate has no right to dispose,so as to balance the conflict of interest between the owner and the bona fide transferee,protect the transaction security,and make the legal provisions on bona fide acquisition in the《property law》 can be better applied in the field of real estate.The full text is divided into three parts,to analyze the legal issues of bona fide acquisition of real estate:The first part: case analysis.The purpose of this part is to make a brief description of the case of three representative cases,summarize the focus of the dispute,extract the existing disputes on bona fide acquisition of real estate in current practice,as well as the legal application and dispute resolution mechanism in judicial practice,which paves the way for the following legal analysis of the problem.The second part: the legal analysis of bona fide acquisition of real estate.This part mainly expounds the concept and elements of the real estate bona fide system,including its application premise,judgment standard,and the elements of right change,etc.in combination with the dispute focus of the first part of the case.The purpose of this part is to clearly analyze the legal elements of the bona fide acquisition system,and combine the particularity of the real estate real right change to make the application of the system reasonable,legal and reasonable At the same time,we can accurately grasp the premise,content and standard of the system of acquisition in good faith.The third part: system construction of bona fide acquisition of real estate.Different from the change of the right to personal property,the change of the real right of the real estate is more complex and formal.The phenomena of "selling more than one house","disposing under the false name" and "wrong registration" are very common in practice,which makes the construction of the system of bona fide acquisition of the real estate very urgent.This part focuses on the improvement of the system of bona fide acquisition of the real estate.