浅论不动产善意取得制度及其具体适用.doc

目 录 摘要······················································1 引言······················································3 一、不动产善意取得的法律概念······························3 (一) 不动产之法律概念·······································3 (二) 善意取得之法律概念·····································3 二、国内外关于不动产善意取得制度的设立·····················4 (一) 英美法系关于不动产善意取得制度的设立·····················4 (二) 大陆法系关于不动产善意取得制度的设立······················4 三、我国不动产善意取得制度建构的缺陷及完善················6 (一) 不动产善意取得的构成要件································6 (二) 不动产善意取得的法律效果································8 四、我国民法理论与实践中的不动产善意取得··················10 (一) 我国不动产善意取得制度的现状···························10 (二) 我国不动产善意取得制度在适用过程中应注意的问题···········10 五、不动产善意取得制度于执行环节适用对策及建议 （一） 确立不动产善意取得制度ABSTRACT The bona fide acquisition of real estate，refers to the assignee do the deal according to the registration certificate and trust with the transferor who in fact has no right to real estate transactions．If assignee obtains the realty with good faith．he will get the ownership of the realty，the original ownership of the real estate call not require the return．The good faith acquisition system in the field of real estate，can better safeguard the lawful rights and interests of third party，when the ownership and transaction security conflict，Can find the right balance between them． This system is adapted to the commodity economy development，include very important civil law rules．These trading rules measure and value civil protection and transaction security of ownership in the modem time continental law system and common law system．Good faith applicable to movable property field is not controversial，but if it is applicable to the real estate sector，legislation，scholars also save different opinions．Our property law fast introduced the good faith acquisition rules，this paper has compared the historical origin，legislation and practice base of research in the real estate sector，established the theoretical basis of the system in China，and the provisions of the o