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Bona Fide Acquisition of Real Estate Research

Author: LiZuo
Tutor: LiuJingYi
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: Real Estate Innocent Goodwill Unauthorized Disposition
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 280
Quote: 0
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Innocent is about ownership of property law in ways to obtain special provisions designed to safeguard security of transactions, protection of the legitimate interests of bona fide third parties. Real estate acquired in good faith system has been established in our country, \This article presents a real problem in good faith to obtain the basic theory, components, legal consequences, the applicable special situations, problems and improve the measures in this field are discussed. Advocates the following view: Real estate acquired in good faith regime meets the needs of social and economic development, as the \Real estate acquired in good faith application of the system must be strictly grasp the four elements: real estate transfer person not entitled to dispose; immovable transferee in good faith; property for sale at reasonable prices; property registration has been changed. Real estate acquired in good faith primarily applies to both special cases: the couple jointly owned real estate, real estate registration errors. Bona Fide Acquisition of Real Estate problems mainly stems from the imperfections of real estate registration system, it is necessary to take measures to improve the real estate registration system. In this paper, semantic analysis, empirical analysis, comparative analysis and other methods, except real property acquired in good faith to support or disprove the doctrine of the system point of view, compared to real property acquired in good faith in different countries legislation, analyzes \and extension, citing practical examples highlight the couple jointly owned real property for bona fide acquisition of universality. The article also made clear the scope of real property acquired in good faith, and exclusions applicable to the case; depth analysis of the system of real property acquired in good faith in the future development trends; dig out the current real bona fide acquisition of existing problems, and explore ways to solve and improve . This viewpoint is more novelty is: November 15, 2010 Supreme Court \a clearly defined, which is the second in 2007, \This withhold the judicial interpretation of the relevant provisions, in-depth interpretation of the couple jointly owned property acquired in good faith constituent elements and special legal consequences, and proposed registration authority jointly adopt the common property of real-name registration advice. Innocent is limited at the expense of the original owner's interest-based, real estate bona fide acquisition in particular, need to strengthen the protection of the interests of the original owners, the establishment of mechanisms for damages by the person having no right or wrong registration authority exists registration the original owner suffered economic loss compensation. Unified real estate registration system of real property acquired in good faith use of the system is essential, is China's legislature to consider the next step should focus on legislative matters.

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