Is bona fide acquisition of immovable property applicable?

Generally not applicable, bona fide acquisition only applies to movable property, because one of the elements of bona fide acquisition is delivery, and immovable property such as a house cannot be delivered alone. However, in specific cases, based on the principle of publicity and public trust, some property owners register their houses in the names of relatives and friends, obviously at this time, relatives and friends have no right to dispose of them, but because of their names, the buyer has reason to believe that the house is theirs based on the principle of publicity and public trust, so the sale and purchase agreement is reached, which is recognized by the law that the buyer has ownership, and the original owner of the house can only pursue the responsibility of the person who has no right to dispose of it based on unjust enrichment, infringement, etc., which is also to protect the efficiency of the transaction. Fair, however, provided that the buyer is well-intentioned ha, hope it helps you.

Absolutely. For example, a house is jointly owned by the husband and wife (the transfer needs to be agreed by both parties), but the title deed only has the husband's name on it, not the wife's. If the husband resells the house to a bona fide third party without the wife's consent and handles the transfer of property rights, even if the wife knows about it afterwards and does not agree.

A third party can still acquire a property under the bona fide acquisition regime.

You can go directly to the property law, I can't remember which one exactly, you can look for it.

The Property Law sets new rules. Article 106: "Except as otherwise provided by law, the transferee shall acquire ownership of the immovable or movable property under the following circumstances:

1) The transferee is acting in good faith when transferring the immovable or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it is not required to be registered. "It can be seen from this that both movable and immovable property can be acquired in good faith, as long as certain conditions are met.

Possession of detached objects, currency, bearer valuables**, prohibited negotiable items.

Legal Analysis: Immovable property is subject to bona fide acquisition. Immovable property is people's property and the bona fide acquisition regime applies.

Legal basis: Article 311 of the Civil Code of the People's Republic of China Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1) The transferee is bona fide when it transfers the immovable or movable property;

(2) Reasonable transfer;

3) The transferred impure chain movable property or movable property that should be registered in accordance with the law has been registered, and the movable property that does not need to be registered has been delivered to the transferee.

Where the transferee obtains the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right to dispose of it. Where a party obtains the right to cheat in other things in good faith, the provisions of the preceding two paragraphs are to be applied by reference.

Legal analysis: Because the establishment and alteration of real estate rights and other property rights change situations need to be registered in accordance with the law before the effect of property rights change occurs. This requires that the party transferring the title must have the corresponding rights, and the requirements for bona fide acquisition of immovable property are:

First, the transferee must be bona fide, i.e., unaware that the transferor has no rights; Second, the transfer must be reasonable**, and if it is significantly lower than the market**, the law will consider and admit that it does not meet the conditions for bona fide acquisition; Thirdly, the immovable property has been registered.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. Article 311?

If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: the transferee is bona fide when it acquires the immovable or movable property; to a reasonable ** transfer; The transferred immovable or movable property that shall be registered in accordance with the provisions of the law has been registered, and the transfer has been delivered to the transferee if it is not necessary to be registered. Where the transferee obtains the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the person without the right of disposition.

Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1) The transferee is acting in good faith when transferring the immovable or movable property;

(2) Reasonable transfer;

(3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it is not required to be registered.

Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation for losses from the person without the right of disposition.

Where a party obtains other real rights in good faith, refer to the provisions of the preceding two paragraphs.

This is because changes in property rights, such as the establishment and alteration of real estate rights, need to be registered in accordance with the law before the changes in production rights can be effective. This requires that the party transferring the title must have the corresponding rights, and the requirements for bona fide acquisition of immovable property are:

First, the transferee must be bona fide, i.e., unaware that the transferor has no rights;

Second, the highest rent must be reasonable at the time of transfer**, and if it is significantly lower than the market**, the law will consider it to be incompatible with the conditions for bona fide acquisition;

Thirdly, the immovable property has been registered.

If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

Conditions applicable to bona fide acquisition.

1) The transferor has no right to dispose of it;

2) the transferee is acting in good faith when transferring the immovable or movable property; The third person must be bona fide, i.e., a subjective state of ignorance of the existence of facts sufficient to affect the validity of the law. By bona fide we mean that the third party does not know that the possessor is making the transfer unlawful.

Legal basis

Article 311 of the Civil Code [Acquisition in Good Faith] Where a person without the right of disposition transfers immovable or movable property to a transferee from Qi Hui, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

Immovable property is subject to bona fide acquisition. Immovable property is people's property and the bona fide acquisition regime applies. Legal basis

Article 311 of the Civil Code of the People's Republic of China Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances: (1) the transferee is a good friend when the transferee transfers the immovable or movable property; (2) Reasonable transfer; (3) The source or movable property of the transferred immovable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it does not need to be registered. Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

Where a party obtains other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Immovable property can be acquired in good faith, subject to the following conditions:

1) The transferor has no right to dispose of the transferred property. The so-called disposition without authority refers to the fact that the transferor has engaged in legal disposition without the right of disposition. The right to dispose of property belongs to the owner of the property, and the transferor has no right to dispose of the property of others.

The common situations of disposition without authority are as follows: first, the situation of no ownership, that is, the situation of possession of the entrusted property, such as the tenant, repentance of the pipe, or the borrower's transfer of the property to others for the leased, kept or borrowed property; (2) Circumstances in which ownership is restricted, such as a co-owner disposing of the co-ownership property to another person without the consent of the other co-owners; The third is the situation where the person disposes of the property of the person without authorization, such as the termination of the right to dispose of, the excess of the right to dispose of, and the situation of no right to dispose of it may also occur.

2) The transferee is acting in good faith when he acquires the property. A bona fide acquisition requires that the transferee subjectively "bona fide" and no gross negligence at the time of the transfer of the movable property is a necessary element. The so-called good faith means that the third party does not know that the transferor is not the owner at the time of the transfer, nor does it know that the transferor has no right to dispose of it.

The bona fide acquisition of property is conditional on the bona fide of the transferee and may not be applied if the transferee has bad faith. Of course, we cannot require the transferee not to know that the thing was acquired in good faith from the beginning, so the applicable time of good faith should be before the change of property right occurs, after which the transferee acquires ownership, and the original right holder may not demand the return of the original thing in bad faith on the basis that the transferee maliciously requires. In the bona fide acquisition system, such goodwill should be "presumed bona fide", and this principle of repentance and balance has been expressly confirmed by the German civil law and the civil law of Taiwan.

When a third party and the person in possession (who has no right to dispose of it) conduct a transaction, we shall presume that the third party is in good faith according to the presumption of the right of possession and the credibility of the possession, and if the original right holder claims the right, it shall be responsible for proving that the third party is not in good faith, and if it cannot be proved, the third party shall acquire the ownership of the property in good faith.

3) The transferee's acquisition of property is based on a reasonable transfer for compensation. Acquisition in good faith is conditional on acquisition for compensation, and the transferee must pay the corresponding consideration to the transferor when acquiring the property. Therefore, the property acquired by the transferee must be realized through a legal act of compensation before the transferee, and if the property is acquired through gratuitous acts such as inheritance and gift, it cannot produce the effect of bona fide acquisition.

4) An act of alteration of property rights has been made. According to Article 208 of the Civil Code, the change of property rights in movable property must be delivered, and the delivery can be actual delivery, simple delivery, instructional delivery and modification of possession. Registration is a requirement for the production of real estate rights, and if the transferee does not register the change of rights, there is no change in the real right, and even if the transferee takes possession of the property, the real right of the property still belongs to the original right holder.

Therefore, as long as the above four conditions are met, the bona fide acquisition system can be applied, and the original right holder can only claim compensation from the person who has no right to dispose of it, but cannot exercise the right to claim the real right against the transferee.