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The Real-estate Obtained with Good Intentions and the Application in Trial Practice

Author: YuPing
Tutor: ZhangLinHong
School: Guizhou University
Course: Legal
Keywords: Real Estate Acquired in good faith Credibility Property Law Unauthorized Disposition
CLC: D923.2
Type: Master's thesis
Year: 2008
Downloads: 78
Quote: 0
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About real estate acquired in good faith system, the world legislative or similarities, or have their own characteristics, our scholars this controversial, \requirement is overly principle, also need further research and improvement. The article is divided into three parts: The first part is an overview of real property in good faith to obtain. First pointed out the acquired in good faith originated in the Germanic law, \And defined the concept of real estate acquired in good faith, that real estate including scheduled in addition to land, houses, trees, ground objects, also including a huge value, such as ships, vehicles, aircraft, and other special chattel. Secondly, described the theoretical basis and practical significance of the system of real estate acquired in good faith. The current real estate registration, there are many registered defective, that there is the registration of real estate rights content in real rights status inconsistent established real estate acquired in good faith the system, you can actively promote the establishment and improvement of real estate registration system. The second part of the analysis of the constituent elements of real estate acquired in good faith and legal effect. Real estate acquired in good faith certain limits on real estate at the expense of the original rights holders interests, reflected in the constituent elements must conform to certain elements in order to constitute a real estate acquired in good faith. These elements are: the grantor shall have no right to dispose of, caused by reasons of the right disposition of real estate registration defects and the grantor's reasons; through the real estate transfer behavior, the behavior must be paid and law; third person shall in good faith and without gross negligence, goodwill is no knowledge, no gross negligence did not do the general duty of care; suitable for land, houses, trees and special personal property such as motor vehicles, aircraft, ships, etc.; immovable change the registration has been completed. Third party acting in good faith to obtain ownership of real estate, the property rights of the original rights holders of real estate loss may not bona fide third parties advocate the original return, but by state compensation, tort, breach of contract, unjust enrichment and other relief to compensate. The third part of the analysis of real estate acquired in good faith in trial practice and corresponding countermeasures. No right to dispose of real estate acquired in good faith by the case of conflict between the realization of the right of first refusal and immovable property rights of bona fide assignee, and real estate agency by estoppel, distinction and applies common Total system, as well as zoning and building regulations, changes in property rights of unregistered housing 's goodwill made applicable to analyze and discuss the problem, I believe that the special legal real estate properties in the judicial practice acquired in good faith should conditions be restricted to appropriate equitable with other related systems with convergence.

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