论文部分内容阅读
不动产善意取得作为我国新颁《物权法》的一个创新,符合法理依据和现实需要。传统仅适用于动产取得的善意取得制度与不动产登记公信力的善意保护功能在实质上是一致的,保护善意第三人是两者的共同目的趋向。登记公信力的权利推定功能,在不动产善意取得制度中应只基于权利的确认,而不能适用于错误登记人于第三人的交易行为。我国不动产登记的现状和所有权制度决定了不动产善意取得制度有其立法价值和制度空间。
Good faith acquisition of real estate As an innovation of the “Property Law” newly promulgated by our country, it is in conformity with the legal basis and realistic needs. The tradition is only applicable to the bona fide acquisition system of acquisition of movable property and the goodwill protection function of the credibility of registration of immovable property. Consistent with the essence, the protection of bona fide third parties is the common goal of both. The presumed function of registering the credibility of the public trust should only be based on the confirmation of rights in the system of bona fide acquisition of real property and not applicable to the transaction of the wrong registered person in the third party. The status quo and the ownership system of real estate registration in our country determine that the real estate bona fide acquisition system has its own legislative value and institutional space.