论不动产善意取得

On Acquisition of Real Property in Good Faith

本文从权利外观理论出发 ,对不动产善意取得的否定说与肯定说进行评介 ,认为在现代社会 ,不动产适用善意取得较动产有更多的依据。并通过考察先进国家的立法 ,认为法国、日本等未承认不动产的善意取得 ,实与其不动产登记的形式审查主义有关。我国乃实行实质审查主义 。

This article is from the theory of right exterior, take the comment on the theory of affirmative or denial to the acquisition of real property in good faith, maintains that compared with the current assets, there are more bases if taken the way of acquisition of real property in good faith in modern society. And through referenced the developed countries legislation, considered that the reason of non-recognizing the acquisition of real property in good faith in Japan and French or other counties is related to the registration form of examine formalist, we take the formalist of examine the matter, so the acquisition of real property in good faith has the system foundation in our country.\ \