On Mortgage Of Real Estate By Bogus Owner

The Mortgage of Real Estate by Bogus Owner, not only is concerned with civil rights and behavior of natural persons, but also often involves commercial behavior of commercial banks and other financial institutions, and may even involve administrative acts of housing registration authority, which calls for urgent doctrinal clearance and judicial practical countermeasures. The bogus disposition should neither be included in unauthorized disposition, nor applied to bona fide acquisition. The bogus disposition should be attributed to illegal behavior, which appears more appropriate. Bogus disposition shall not legally binding the real owner, which the contract entered into by the bogus disposition shall be found that it has not be set up legally. But if once again, after the transfer of a third person, the transferee may apply to bona fide acquisition based on specific criteria.Secondly, it, which means the logical starting point of this article on legal philosophy and value measure, stresses that "respect for the legislative, legal interpretation, benefits measure". Specifically, the principle above is meant to be making the legal interpretation of cognition based on respect for existing laws and taking interests measure in line with the legal interpretation. With fully carrying on rights basis and its source of care, we, upholding reason and humility, should take it as the ultimate goal, which make the law meet the social development needs, promote market booming and the public well-being.On deductive logic and benefits measure, as we all know, logic is the basis of the law, which is a great passion; gorgeous deductive reasoning can be regarded as a convincing power that touches the bottom of heart of ordinary people. Logic, the majestic power of reason, if sticks out of the value of fair, will be sadly reduced to shame and tears, even fall into the dark, infinite abyss. Because of the rational respect, it is more deeply felt sense of the meaning where justice lies.Dealing with secured loans contract under bogus disposition, the contract should be properly distinguish between the borrower and the mortgage contract, and according to the meaning of the real owner’s expression, whose property rights are violated by bogus representation, to determine the validity of each loan contract and mortgage contract. As for the validity of the mortgage contract in bogus disposition, it is generally considered as never being set up, for the main credit should be found no legal existence since the presence of the beginning. However, even if the bogus disposition leads to the loan contract not legally established, it cannot, therefore takes the conclusion as granted that the mortgage contract is definitely illegal, because the situation that people provide their property as collateral for the actual debtor (taking bogus identity) can legally establish a contract. At this time, the mortgage contract is valid. The validity of Mortgage contracts and the right of setting up mortgage need be distinguished.It seems a more feasible way for creditor banks to seek relief through the cause of unjust enrichment. On the administrative relief of mortgage registration errors, considering contemporary mortgage registration’s form review of the application, it should be strongly improved the post-relief measures, namely the registration error correction and damage compensation, to avoid the civil litigation’s looping and dragging resulting from the overly cautious and conservative administrative correction system.