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Bona Fide Acquisition in Rural House Transactions

Author: ZhangCong
Tutor: PengChengXin
School: Shanghai Jiaotong University
Course: Legal
Keywords: Bona Fide Acquisition rural houses collective ownershipof rural land registration with the effect of public summons
CLC: D923.2
Type: Master's thesis
Year: 2013
Downloads: 54
Quote: 0
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Abstract


With the rapid economic development, condition of rural residents isalso improving. More and more of them have bought commercialresidential buildings to improve their living conditions, which makesmore and more countryside houses left for lease or even nothing at all.Then ownership circulations of rural houses are raised. But in this process,because of the lack of relevant regulations of registration andmanagement system, disputes develop.In disputes about the transactions of countryside houses, there aremainly two reasons. First, some districts still have no registration andmanagement system, so that no registration of rural house transactions.Second, for that rural houses are livelihoods of the most importance forrural residents, when dealing with the disputes about rural housetransactions, judges must not strictly follow the standard in commercialresidential building cases, because of the particularity of rural houses. Asa result, judges always protect the bona fide third party in the situations ofunauthorized disposal.In fact, for the lack of regulations of registration and managementsystem, and because of the influence from collective ownership of ruralland to overground contractions, we have chosen defensible mode ofpublication as the mode of rural house transactions. Under this mode,registration or delivery is not the constitutive requirement of real rightchange. But according the Property Law of People’s Republic of China,prescribed by article106, the premise of bona fide acquisition is that thebona fide third party must have got the real right of the real estate in away with the effect of public summons, which means that the transactionhas become effective for the registration. So this article holds that,according to the actual state of rural house transactions and relevantregulations, it is not appropriate to use the bona fide acquisition in thecondition of rural house transactions.Although this article is not agree with the bona fide acquisition ofcountryside houses, its effect records with the civil law theory and thedemand of rural society. So the real destination of the article is to analyzethe contradiction and the inclination of benefits from the point of systemdesign, and then to maintain a balance of interests through contradictorysystems.This article includes four main parts. First part is to find the ubiquitous theoretical problem from several judgments. Second partanalyses the legal and factual causes of the bona fide acquisition incountryside house trading disputes. The next part affirms two aspects,including that registration with the effect of public summons is thenecessary condition of the bona fide acquisition of real estate, and themode of real right transaction of rural house in China is the defensiblemode of publication. The last part concretely describes the establishmentof registration of rural houses as the premise of the bona fide acquisition,and tries to table a proposal of rural house registration to resolve theconflict on the institutional aspect about the usage of bona fideacquisition in rural house trading.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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