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On Establishing Good Faith Acquisition of Our Immovables

Author: ZhaoZhiJun
Tutor: HeZhiPeng
School: Jilin University
Course: Legal
Keywords: Real Estate Acquired in good faith Transaction Security Public Credit Property Law
CLC: D923.2
Type: Master's thesis
Year: 2008
Downloads: 345
Quote: 0
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Abstract


Real estate acquired in good faith , the name suggests, is a bona fide acquisition system introducing the field of real estate , refers to the assignee for the trust certificates of registration and no right to dispose of real estate the grantor transactions, such as the transferee of the real estate department in good faith , obtaining ownership of the real estate , the real estate of the original owner may not require the transferee to return the original . Acquired in good faith use of the system in the field of real estate , can better protect the legitimate rights and interests of bona fide third parties , when ownership and transaction security conflict , be able to find the right balance between the two points . Bona fide acquisition is a trading rules to adapt to the economic development needs of goods and produce , measure and value issues involving civil law ownership protection and transaction security , civil law and common law civil law in modern times , an important legal system . Acquired in good faith applicable to chattel field has always been controversial , but whether applied to the field of real estate , the provisions of national legislation varies , scholars also keep different insights . This article attempts by the Bona Fide Acquisition historical origins , legislative comparison , legislative rationality and other aspects of research , seeking to establish a bona fide acquisition of theory in the field of real estate value and practical foundation . The same time , based on the provisions of Article 106 of China 's Property Law of the constituent elements of real property in good faith to obtain legal relief , the legal consequences of the analysis to explore real estate acquired in good faith system defects and improve Property Law .

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