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On the Bona Fide Acquisition of Real Estate

Author: ZhangHaiYan
Tutor: ShiHaoMing
School: Suzhou University
Course: Legal
Keywords: real estate bona fide acquisition unauthorized disposition reasonable price registration
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 99
Quote: 0
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Abstract


Bona Fide Acquisition of Real Estate means that when there is flaw in the real estate registration, the rights of registration in the name of their own to transfer the real estate, if the assignee bona fide pay reasonable price and public notification, he would obtain the real estate property based on reasonable reliance on the registration."Property Law" Article 106 specifies the constituent elements of bona fide acquisition of real estate as follows: 1. the assignee bona fide; 2.the transfer at a reasonable price; 3.public notification. Since the provisions are too principle, there are a lot of controversy and problems in judicial practice.Beginning with the evolution of bona fide acquisition of real estate, this paper compared the legislation of main nations of the world, Taiwan China and Mainland China, then point out that bona fide acquisition of real estate is based on the theory of the publicity credibility of registration of real estate. On this basis, this paper describe and analyze the disputed issues in practice, such as: the definition of unauthorized disposition, the validity of the transfer contract, the assignee’s bona fide, reasonable price and the registration. Finally, this paper put forward several suggestions on the legislation of the system of bona fide acquisition of real estate.

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