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A Study on the Application of the Bona Fide Acquisition of Real Estate

Author: SongZhen
Tutor: MaMingXian
School: Lanzhou University
Course: Legal
Keywords: Real Estate Acquired in good faith Unauthorized Disposition Register
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 180
Quote: 0
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Abstract


Bona fide acquisition is an important modern civil law system , security is of great significance for the protection of the legitimate rights and interests of bona fide third parties to maintain the dynamic of the transaction . \However , aspects of the provisions are too principled , especially the constitutional elements of movable and immovable property in good faith , unified regulations , simplify the constituent elements of a bona fide acquisition also obscures the distinction of the two constituent elements \is difficult to avoid the conflicts and contradictions of the judicial practice . Case in this article are the author encountered in the trial practice , real property acquired in good faith a typical case , as the material, to explore the laws applicable to problems of real estate acquired in good faith . This article focuses constitute the elements and the validity of the contract of transfer of right disposition of real property in good faith to obtain . This paper argues that the constitutional elements to correctly apply and improve the system of real estate acquired in good faith , to respond to the movable and immovable property in good faith to be a clear distinction between the disposition of the validity of the contract and not entitled to be clearly defined ; same time , focusing on real estate acquired in good faith appropriate equitable system and legal system and convergence , establish and improve the registration system , reflecting the credibility of real estate registration . To the interpretation and application of the system of real estate acquired in good faith , and constantly improve the system of real estate acquired in good faith in the legislative practice .

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