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不动产适用善意取得制度是对传统善意取得制度的突破和超越,但由于其适用的对象——不动产是社会中最重要最值得特别关注的一类物,所以在适用此种制度时应慎之又慎,不能轻易普遍化,对其法律构成要件更须严格规定。不动产善意取得的法律要件与动产善意取得相比有相同之处,更有其独特的地方。为了在司法实践中更准确地适用不动产善意取得制度,就不动产善意取得制度的建构进行初步探讨。
The system of goodwill for the application of real property is a breakthrough and surpassing of the traditional system of goodwill, but due to its application of immovable property, which is the most important and deserving special category of concern in society, caution should be exercised when applying such a system , Can not be easily generalized, and more stringent requirements must be laid down on the legal constitutional requirements. The legal elements acquired in good faith by the immovable property are more in common with those obtained by the goodwill of the movable property, and have their unique place. In order to apply the system of bona fide acquisition of real property more accurately in the judicial practice, a preliminary discussion is made on the construction of the system of bona fide acquisition of real property.