중국 물권법상 부동산 선의취득제도

Abstract

When viewing from the viewpoint of Chinese property law that took effect from October 1st, 2007, the law has many characteristics. This Article focuses on viewing the law, in particular, how the bona fide purchase of real estate, which is stipulated in §106, was formed and what content it has. China is currently dreaming to take off as a major economic power through a switchover of ideology. In order to prepare the normative foundation that can back such a switchover, China is making efforts multilaterally. Among the normative foundation, property law is becoming one of central laws that decide the fundamental economic system of China. As mentioned above, property law contains many characteristics in its organization and detailed contents. One of these characteristics is that China accepts the bona fide of real estate, although China’s registration system is unstable and the recognition and custom of registration are not settled well. In addition, §106 adds an analytical dispute by approving the realization of the bona fide purchase up to the dealing of a real estate occupant who has no right to sell real estate on the formal document. When seeing the status of the existing registration system and real estate transaction, it is still doubted whether the bona fide purchase of real estate will show effectiveness. It might cause substantial confusion in the whole property law. However, the bona fide purchase of real estate has a merit that can early settle the market economic system of socialism by strengthening the stability of real estate transaction. It also normatively backs the will of the Chinese government for its policy. The author think that the key point that decides the success of the bona fide purchase of real estate in the future is the form and method that the China government will choose to compete the registration system.