ACQUISITION OF REAL ESTATE IN GOOD FAITH IN GERMAN LAW

Abstract

In German law is provided the possibility of acquiring in good faith of real estate rights or such rights on existing real estate rights by the bona fide acquirer and in his favor is valid irrefutable presumption that the land register is correct, although it is not, provided that in the land register has not been written protest against the transferee or the incurracy is known to the acquirer. Acquisition in good faith is provided for the benefit of the acquirer who acquires by the contract and the appropriate use of this rule is provided for the acquiring on the basis of the other disposition of the registered transferee in favor of the acquirer (which isn’t the contract) and for performances in favor of not entitled but registered holder of one real estate right. With the fulfillment of all legal conditions bona fide acquirer obtains unconditionally.