본문 바로가기
  • Home

Acquisition in good faith of real estate im german Civil-Code

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2021, (34), pp.65-88
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : June 19, 2021
  • Accepted : July 20, 2021
  • Published : July 31, 2021

JANG BYEONGIL 1

1동아대학교

Accredited

ABSTRACT

The institution for bona fide acquisition is recognized not in real estate but only in the movable asset in Korean Civil Code. On the contrary the institution for acquisition in good faith of real estate is approved in German Civil Code. Real estate registration credibility plays an important role in both legal system. The Register of Real Estate is not just a record of any type of property. It is only possible to meet with a very large financial means. Accordingly, the appearance of the right, i.e.; it is highly necessary to attribute assumptions and trustworthiness to them and make them a very useful means for the transaction. Therefore, the adjustment of that function will be very important, if there's a lot of difference according to the possibility of untrueness or not, These ideas are contained in Articles 891, 892, and 893 of the German Civil Code(BGB). The effects of it are so diverse and free, it brings a very large economic ripple effect. The starting point of these regulations is the untrueness of registration, i.e.; It begins with something inconsistent with the true legal situation, and then its legal status is vested in him, if it corresponds to what is stated in the Register of Real Estate in the transactions by legal act. Like this, germany recognizes the institution for acquisition in good faith of real estate when certain requirements are met. It has resulted the enomous expansion of the circulation potential in real estate and related rights. We also need to come up with legal measures to enable an expanded economic environment.

Citation status

* References for papers published after 2022 are currently being built.