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System of our real estate acquired in good faith legal issues

Author: YaoLei
Tutor: WangQuanDi
School: Fudan University
Course: Civil and Commercial Law
Keywords: Real Estate Acquired in good faith Legal issues Register
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 229
Quote: 0
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16 of the Property Law of the People's Republic of China \However, on the legal system of our property rights dispute remains necessary to introduce this system has been in academia and practice continues. In addition, if the real estate for bona fide acquisition, its constituent elements, how the force of law and other issues, has continued to haunt legislators. This paper is divided into four chapters. Chapter combing \Traditional theory bona fide acquisition system applies only to real estate, real estate transactions, but with the development of the commodity economy has become more and more frequent, in some countries, Germany and Switzerland gradually recognize that real estate acquired in good faith is real right changes in in transaction protection system. Chapter II, in theory, from both sides of the analysis of the necessity of the introduction of the system of real estate acquired in good faith, taking into law in Germany, Switzerland, France, Japan and other countries, combined with the status quo of China's social and economic development, and proposed the establishment of a sound real estate bona fide acquisition of practical significance. From a comprehensive judgment on the legal structure, relatively well-intentioned people trust system value, the legal effect of other factors, real estate acquired in good faith and personal property in good faith to obtain two system should be the common more beyond differences. Therefore, a real-estate included substantial obstacle does not exist within the context of bona fide acquisition. Discussed in detail in Chapter constituent elements of the system of real estate acquired in good faith, especially provided for in section 16 of the Property Law, the three elements on the basis of refinement analysis. The same time, the article also in respect of immovable property acquired in good faith the legal effect of the system described one by one. The fourth chapter is designed to explore the supporting systems of immovable property in good faith with the system close fit, perfect real estate registration procedures. Accurate definition of established real estate, real estate registration system explicitly applies object, establish a unified registration authority to establish the main substantive examination, supplemented by formal examination of the registration mode. In a nutshell, the purpose of this article elaborate mainly want to be able to constantly absorbing international practical experience based on improved legislation and enforcement of real estate acquired in good faith and related systems, so as soon as possible to establish a perfect field of real estate property rights Changes in the legal regulation system.

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