What is the bona fide acquisition system?

For example, Wang v. He confirmed the invalidity of the mortgage.

In 2005, Wang and He registered their marriage, and both parties remarried. After the marriage, the parties purchased two houses in 2006, both of which were registered in the name of a certain person, and the co-owners were not registered on the title deed. Later, He mortgaged the above-mentioned house to the bank for a loan and went through the mortgage registration.

When applying for the mortgage, Mr. He submitted to the bank the divorce agreement between him and Mr. Li, who was not involved in the case, and issued a statement of marital status, stating that he was divorced and had not remarried. In 2019, Wang divorced He through court mediation, and it was determined that the above two houses belonged to Wang. It was also ascertained that when He X applied for the mortgage, he submitted a permanent resident registration card, and his marital status showed that he was married.

When handling the mortgage involved in the case, the bank obtained He's personal credit report, which showed that his marital status was married. Later, because Wang was unable to handle the transfer of the house, he sued the court to confirm that He's mortgage of the house involved in the case to the bank was invalid.

After trial, the court held that although the house involved in the case was registered in the name of a certain person, it was jointly purchased by him and Wang after marriage, and belonged to the joint ownership of husband and wife. He's unauthorized mortgage was not approved by Wang, and he had no right to dispose of it. The bank asserted that it had obtained the mortgage on the property in good faith.

However, according to the permanent resident registration card, He's marital status at the time of the mortgage registration formalities was married, and the personal credit report obtained by the bank when going through the mortgage registration formalities also showed that he was married, and accordingly, the bank failed to fulfill the necessary obligation to review He's marital status and the common ownership of the house involved in the case, and there was gross negligence, which should not be found to be bona fide, so the bank did not constitute a bona fide acquisition, and the mortgage created by He and the bank on the house involved in the case was invalid.

The bona fide acquisition of trousers and degrees, also known as the immediate acquisition system, is mainly based on the principle of publicity, the maintenance of the "appearance of rights", and then the protection of the reasonable trust and interests of the bona fide counterparty in the "appearance of rights", so as to maintain the dynamic security of trading activities. According to Article 311 of the Civil Code, the following conditions must be met at the same time for bona fide acquisition:

1) The transferee must be bona fide when transferring the movable or immovable property;

2) the transferee acquires the movable or immovable property at a reasonable rate;

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

However, in this case, the bank did not meet the conditions for bona fide acquisition, so it could not obtain a mortgage under the bona fide acquisition system. Although the bank cannot obtain the mortgage right under the bona fide acquisition system, it does not affect the validity of the mortgage contract, and the mortgage contract should be valid, and the bank can claim the corresponding rights against the other party based on the mortgage contract.

Legal analysis: It refers to a legal system in which the possessor of movable property or the nominal registrant of immovable property illegally transfers movable or immovable property to the transferee, and if the transferee acquires the property in good faith, he can obtain the ownership or other real rights of the property in accordance with the law.

Legal basis: Article 311 of the Civil Code of the People's Republic of China where 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 of China Split 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;

b) transfer in a reasonable manner;

3) The immovable or movable property that is transferred 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 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 the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Bona fide acquisition, also known as immediate acquisition or immediate statute of limitations, refers to a system in which the possessor of movable property transfers the ownership of movable property to a third party or creates other real rights for a third party, and even if the possessor of movable property does not have the right to dispose of the movable property, the transferee in good faith can still obtain the ownership of movable property or other real rights. Theoretically, it is believed that bona fide acquisition has the effect of enabling the non-entitled person to obtain rights without passing the statute of limitations or after the instantaneous limitation period, and it belongs to the original acquisition of ownership.

1. What are the constituent elements of bona fide acquisition?

1. The main body. In terms of the subject, the assignor must be a person without the right to dispose of it, and the assignee must be a person with civil capacity. Only when the transferor has no right to dispose of the thing will the interests of the owner of the original thing be infringed, and there will be a situation where the interests of the original owner will be protected by the interests of a third party, and it will be necessary to apply the acquisition in good faith.

In addition, the transferee should have the capacity for civil conduct, so as to ensure that the acts of the third party are valid, and there is no question of protecting the interests of an act that is revoked or invalid.

2. Object. In terms of subject matter, it can be seen from the provisions of the Civil Code on the relationship between the two clans that China stipulates that the objects acquired in good faith include movable property and immovable property, with the principle of publicity of movable property by delivery and the principle of publicity by registration of immovable property.

3. Subjective aspect.

On the subjective side, the assignee should be bona fide. The so-called good faith mainly refers to ignorance, which refers to a state of mind in which the actor is unaware of the existence of certain factors sufficient to affect the legal validity of a certain civil act.

4. Objective aspect.

In the objective aspect, bona fide acquisition must exist in accordance with certain legal acts, which is the premise of bona fide acquisition. The act of the assignee acquiring property from the assignor through a transaction and the assignee is a legal act of paying reasonable consideration. China's Civil Code stipulates that the transfer of reasonable ** fully illustrates the nature of this kind of behavior, which must be paid, and the things obtained by free means such as donation, inheritance and so on cannot be acquired in good faith.

2. What is the significance of civil law bona fide acquisition?

The bona fide acquisition system is an important legal system in the civil law of modern civil law and common law systems. It is a system that balances the interests of the owner and the bona fide transferee, first of all, it protects the interests of the owner to a certain extent and ensures the security of ownership. Second, it focuses on safeguarding the interests of bona fide transferees and promoting transaction security.

When there is a conflict of rights between the owner and the bona fide transferee, the focus should be on protecting the bona fide transferee. This is conducive to maintaining the security of transactions and also helping to encourage transactions. In this case, the restriction on the owner's interests can be regarded as the responsibility of the owner for failing to exercise due diligence when entrusting others to keep or manage his property, and causing him to bear the corresponding adverse consequences.

Summary. Hello dear! We will be happy to answer for you, the areas of application obtained in good faith:

Both movable and immovable property can be subject to the bona fide acquisition system; Stolen goods and lost property are not subject to the bona fide acquisition system; The bona fide acquisition system is not only applicable to ownership, but also other property rights such as the right to use construction land, mortgage rights, pledge rights, and lien rights can also be acquired in good faith; Wait a minute.

Hello dear! We are glad to answer for you, the applicable fields of the acquisition of good intentions for the elderly: movable property and immovable property can be applied to the bona fide acquisition system; Stolen goods and lost property are not subject to the bona fide acquisition system; The bona fide acquisition system is not only applicable to ownership, but also to other things such as the right to use construction land, mortgage rights, pledge rights, lien rights, etc., including land rights, which can be acquired in good faith; Wait a minute.

One view is that the bona fide acquisition regime applies only to movable property; The other view was that bona fide acquisition could apply to both movable and immovable property. According to the relevant provisions of the Civil Code of the People's Republic of China and the Civil Code of the People's Republic of China, the acquisition of movable property in good faith means that the transferor who has no right to dispose of the movable property of another person who has the right to take possession of it delivers to the buyer. If the transferee acquires the immovable property in good faith, the ownership of the immovable property is obtained, and the original owner of the immovable property shall not require the transferee to return the original property.