Judicial Renewal of Bona fide Acquisition of Real Estate for Modest Application in the Era of Civil Code
In 2007,The Property Law made it clear that the system of Bona fide acquisition of immovable property by third parties was protected,but there were extensive and mechanical application cases in judicial practice,which often improperly damaged the interests of the original right holder.In the era of Civil Code,under the premise of unchanged legislation,the system of Bona fide acquisition of real estate is necessary to achieve the balance of interests between the original right holder and the third party.The core of the continuous construction is to further clarify the identification criteria of the applicable requirements,such as restricting that a person has no right to dispose of is an apparent right holder,clarifying that the validity of the contract is the premise of application,determining the elements of reasonable prices,and strictly following the modest spirit of"not a match,not applicable".
real estateBona fide acquisitionmodest applicationinterest measurementjudicial renewal of the law
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