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On the Bona Fide Acquisition of Real Property Rights

Author: GuoZhiHua
Tutor: ZhangPeng
School: Suzhou University
Course: Legal
Keywords: Real Estate Acquired in good faith The credibility of the registration. Property Law Not entitled to dispose
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 230
Quote: 3
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Abstract


Bona fide acquisition as an important system in the Civil Law Code , has been highly regarded . The new \. But the system is in the application there are still many problems , this paper analysis from the historical origins of the system , Legislation , value analysis , at the same time to sort out the relationship between the system and the registration credibility , real estate bona fide acquisition in-depth analysis . Combined with our \rights acquired in good faith system . This article is divided into five parts : The first part of the real property acquired in good faith systems are outlined , including the theoretical basis of the system design and value basis . The second part discusses in detail the comparative analysis of countries and regions typical of the legislation (including France, Japan, Germany, Switzerland , China , Taiwan ) , as well as in our real property in good faith for the establishment of the system . The third section describes the credibility of the real estate registration and real property in good faith , combined with China 's Real Right Legislation mode , system functional design, clearly can not use the credibility of the registration system to replace the bona fide acquisition . Part IV discusses the constituent elements of the system of real property acquired in good faith , including: the subject matter of real estate ; having no right to the grantor ; transferee must be in good faith ; transferee based on the trading behavior paid transferee of property ; assignee required by law to complete the registration of the transfer of immovable property . And specific in its application there is a problem . Part V points out the shortcomings of a system of real property acquired in good faith there is the relevant recommendations of the author , combined with judicial practice , in a bid to build a comprehensive real property acquired in good faith institutional system .

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