论不动产善意取得的构成要件-@@专业论文.docxVIP

1 1 2 2 Abstract The Property Law of the Peoples Republic of China implemented on October 1, 2007 formally established the system for bona fide acquisition, which provides that bona fide acquisition is applicable to movable and immovable property. The establishment of good faith acquisition system for real property is conducive to the protection of the interests of the third party, and the safeguard of the transaction security and the market order, but the component of the system has a lot of controversies in the application to specific cases, and the supporting judicial interpretations have not been published. This thesis analyzes the bona fide acquisition of real property from the judicial practice. This thesis consists of six parts: Part One introduces the details of the three cases selected in this thesis and the judgment thoughts of the trial court and summarizes the application circumstances of good faith acquisition system for real property in the judicial practice and the relevant clauses involved. Part Two enumerates the major focuses in dispute of the said cases in the judicial practice, especially in the Chongqing’s courts at various levels. Part Three introduces general theory for good faith acquisition system for real property, mainly including its historical background and the theoretical disputes on good faith acquisition of real property in our country (mainly including negative theory and positive theory) as well as the provisions of our current law on good faith acquisition system for real property. Part Four mainly introduces the component of good faith acquisition of real property. Through conclusion and refinement from the component, this part proposes: 1. the transferor has unauthorized disposition of immovable property, which is the prerequisite condition; 2.the transferee must be paid at a reasonable price; 3. the transferee must be in good faith, which is the core component; 4. the real property has been registered under the name of the tran