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The constituent elements of China 's real estate acquired in good faith

Author: DiPeiYun
Tutor: ZuoYiMei
School: China University of Political Science
Course: Legal
Keywords: Grantor Unauthorized Disposition Real Estate Assignee Acquired in good faith
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 137
Quote: 1
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Abstract


The traditional civil law theory, acquired in good faith applies only to movable and immovable property does not apply to bona fide acquisition. 106 of the Property Law was one of the provisions of the movable and immovable property acquired in good faith are applicable. Should see the real estate acquired in good faith the inheritance of traditional chattel in good faith and breakthrough, both of the same strain theory interworking rules similar to the same purpose; should see both \obtain the elements will inevitably differ. Theorists goodwill constitutional elements for research focused on real estate acquired in good faith, the constituent elements made of real property in good faith, but lack of in-depth exploration of the system. In view of this, the article 106 of the Property Law based on the use of legal hermeneutics method, a useful exploration of the constituent elements of the real estate acquired in good faith and to the understanding and application of the judicial practice of real estate acquired in good faith to be beneficial the maturity and perfection of the system as well as the goodwill of real estate in our country, the modest contribution. By relevant theory combing of real property in good faith, on the effects of the legislation of other countries (regions), found that the property rights of the principle of \trust is identified directly according to its existence intentioned. Combined with the reality of our country, the paper proposes the recognized standard of good faith should not be absolute, single, and then put forward the assignee constructive goodwill adversarial identified. \Whether the transferee immovable property \\It should be stressed that the right to a simple delivery access to real estate registration certificate is not a substitute for thin, can not be considered complete publicity, real estate change before the registration is completed, the non-occurrence of the effect of acquired in good faith. Property Law 106 \Real estate acquired in good faith only the grantor \

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