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A Study on the Acquistion of Real Estate in Good Faith

Author: FengZhuoQun
Tutor: WangMingSuo
School: Henan University
Course: Civil and Commercial Law
Keywords: demonstrative principle of real right demonstration of real right by occupancy demonstration of real right by registration real estate acquisition in good faith
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 263
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Abstract

The acquisition of real estate in good faith means, the third people trusts in good faith real estate and deals with the right person registered, when the real estate transferred was already changed the name of owner in a register to the third personal, even right person in register was the real right persons, the third people in good faith still could obtain ownership or other rights of the real estate . The acquisition of real estate in good faith is a concrete embodiment that acquisition in good faith system was applied to trade in the real estate. Acquisition in good faith is a method of obtaining ownership and is the indispensable legal system arrangement which preserving the order of the whole economic market and guaranteeing deal safety need to be , it always regard the chattel as one of the premise. It was generally thought that the acquisition in good faith system was only applicable to the trade in the chattel, the system was regarded as the shortened form of the acquisition of chattel in good faith. But this paper thought the acquisition in good faith system was also applied to the trade in the real estate ,the paper discussed the foundation of the acquisition of real estate in good faith system based on the demonstration of real right by registration, and analysed at large the structure of the system. This paper is divided into three parts, including introduction, body and conclusion, now stating as follows: Introduction: It is a important significance problem about legislation system and system choice that adopting the acquisition in good faith system in the trade of real estate .It is not a problem of method of using law word. Although the scholars carried on the extensive discussion about this problem, they lacked the thorough and systemic research. Through comparing demonstration of real right by registration to demonstration of real right by occupancy ,this paper tried to reveal the direct logic foundation and theoretical basis of the acquisition of real estate in good faith and to analyse its practice and system basis . Then, it tried to prove that the establishment of the system of the acquisition of real estate in good faith system is not only probable but also necessary. The body is again divided into some parts below: The first part: The review of opinion and the key of argument about the foundation of the system of acquisition of real estate in good faith. About the acquisition of real estate in good faith, it was not clearly dictated in the legislation of the civil law of our country ,but was involved in the judicature explain .At present, some scholars are arguing hotly the problem whether the acquisition of real estate in good faith must be established in the civil law of our country . The problem also involved the study to the related problem of overseas legislation. The scholars mainly conceived affirmative opinion and negative opinion . The controversial focus lies in the problem how does protect the third people ,whether demonstration of real right by registration system or acquisition in good faith system is applied, how does deal with the relation between demonstration of real right by registration system and acquisition of real estate in good faith system . This paper suggest that found the acquisition of real estate in good faith system based on the demonstration of real right by registration . The second part: The existential foundation of acquisition of real estate in good faith. Firstly, practice basis. After the real estate registration system was founded, this situation was still exists which the right registered do not accord with the true right, which the third people still faces the danger of real estate bargain. Secondly, system basis. The key whether the overseas law rule of demonstration of real right by registration system can be regarded as the system basis of the acquisition of real estate in good faith system lies in differentiating the relation between acquisition of real estate in good faith system and demonstration of real right by registration system ,proving tha

A Study on the Acquistion of Real Estate in Good Faith

Abstract

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