Legal analysis
Acquisition in good faith is a special change of real right and an exception to the effectiveness of real right recourse. The core system idea of bona fide acquisition is to deprive the original owner of the ownership to protect the trading interests. The seller needs to have no right to dispose, which means to dispose of other people's property in his own name, and the difference between disposal behavior and burden behavior. Distinguishing one's own name from disposing of other people's property in the name of others is unauthorized. The buyer should be in good faith without gross negligence. Goodwill means that you don't know, you don't know, and when you make a public announcement, you complete the transfer registration of real estate rights or the delivery of movable property according to law. Gross negligence refers to 1. There is a valid objection registration in the register. 2. Within the validity period of advance notice registration, without the consent of the obligee of advance notice registration. 3. The register records the relevant matters that judicial organs and administrative organs have ruled and decided to seal up or restrict real estate rights in other forms according to law. 4. The transferee knows that the subject of rights recorded in the register is wrong. The buyer has objectively paid a reasonable consideration, and only needs to agree that the price is reasonable. It is reasonable to be greater than or equal to the current price or market price, but it is unreasonable to be lower or far lower than the current price or market price. The consideration requirement must be paid. Real estate has been registered and movable property has been delivered for publicity.
legal ground
Article 311th of the Civil Code of People's Republic of China (PRC) * * * has no right to dispose of the transfer of real estate or chattel to the assignee, and the owner has the right to recover it; Unless otherwise provided by law, the transferee shall acquire the ownership of the real estate or chattel under any of the following circumstances: (1) the transferee acquires the real estate or chattel in good faith; (2) Transfer at a reasonable price; (3) The transferred immovable property or movable property that should be registered according to law has been registered, and the transferred immovable property or movable property that does not need to be registered has been delivered to the transferee. If the transferee obtains the ownership of real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the unauthorized person. Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.