Protecting bona fide third-party of an invalid transaction in establishing other rights to property
Keywords:
Bona fide third-party; invalid transaction; other rights to property; protecting the rights of bona fide third-parties
Abstract
The 2015 Civil Code, for the first time, recognises other rights to property in addition to ownership rights. Accordingly, the 2015 Civil Code has provisions to protect the rights of subjects when establishing other rights to property. How can civil law protect the established other rights to property of a bona fide third-party if the transaction is invalid? In this article, the author analyses the theoretical basis and current law on the protection of bona fide third-parties of an invalid transaction in establishing other rights to property. Thereby, the author points out the inadequacies and problems in legal provisions on this issue and makes some recommendations to improve the law.