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Explication of the Applicability and Component of Procuring Immovable Property in Good Faith

Author: YanXiangDong
Tutor: EXiaoMei;ChenZuo
School: Inner Mongolia University
Course: Legal
Keywords: Real Estate Acquired in good faith Registration credibility
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 209
Quote: 0
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Abstract


Bona fide acquisition is an important system of property law, and is also important type of property rights changes caused accordance with legal acts. Has important implications for the maintenance of the security of transactions, protection of bona fide legitimate rights and interests in property of third person. Bona fide acquisition system applicable to real estate, has for the legal community widely recognized and reflected in the national legislation, however, the regime applicable to the field of real estate, no uniform national theory and judicial practice. China's Property Law Section 106 clearly stipulates the real estate acquired in good faith system, solve real estate right disposition and provide a legal basis for the establishment of the system for the judicial practice in China, but only provides for the principle, in the case in practice and ever-changing, difficult The case also appeared frequently, often in specific cases whether the application of the system into confusion theorists sometimes argue in such cases, the opposite and opposing views are not uncommon. The main reason for this phenomenon is the \Real estate acquired in good faith constitutes this article on the Perspective of China's Property Law and the applicable analysis for our property rights law applies slightly Mianbaozhili. The writing framework of the article is as follows: the introductory section briefly China's Property Law of real property in good faith to obtain provisions and the research method. The first part gives the case in practice, leads to the issues to be discussed in this article. Second part made in good faith to explore the concept and meaning of the system to define and clarify, also investigated the origin of the bona fide acquisition, the theoretical basis of the economic base and value analysis based on the reason of bona fide acquisition exist . The theoretical study of real estate acquired in good faith and national legislation overview also been explored and analyzed. The third part of the focus by the case and combined with our \The fourth section analyzes the relationship acquired in good faith of the parties in the case, and the original owners relief. Acquired in good faith the existence of the system will result in the loss of the original owner ownership and property rights, and other rights, and their rights according to the contract, tort, unjust enrichment or no management jurisprudence to the grantor to claim damages, the return of interests. Right disposition, the respective rights and obligations of the bona fide third persons, and registered organizations make analyze. Concluded that the system of real estate acquired in good faith in the meaning of our existence, and the system remains to be further research and improvement, concludes the paper.

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