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Discussion of Real Estate Transactions Made in Good Faith in the System

Author: LiangJuan
Tutor: ShenJun
School: Suzhou University
Course: Legal
Keywords: Property Trust Protection good faith acquisition institution
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 36
Quote: 0
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Abstract


In order to know good faith acquisition of real estate should first understand good faith acquisition of ownership. Acquisition of ownership can be divided into general acquisition and special acquisition. Good faith acquisition of ownership is a kind of special acquisition of ownership. It is usually considered that the good faith acquisition of ownership is originated from Germanic law, the "hand guard" principle. Its object is movables, the way to get it only appear in the commodities trading of movables. There are two general views in the theory circle about the good faith acquisition of real estate: affirmative view and negative view. The negative view is the general view of the theory circle. Of course, there are a few exceptions provide the good faith acquisition of ownership of real estate. For example "The Swiss Civil Code," Article 973 provides: The person in good faith and trust in the registration of real property register, and thus to obtain ownership or other rights, are all protected.The provide of the good faith acquisition of ownership in the Property Law of our country breaking the tradition that good faith acquisition of ownership only limited to the commodities trading of movables, expand the field of good faith acquisition of ownership to the real estate transactions. It has gone through a process of evolution and development. It hadn’t been formal sized until the Property Law was adopted. The establishment of the system is conducive to maintenance of normal market transactions relations, protect the good faith relative dealer, and promote the stability of social economic order.

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