Legal Analysis On Actions Of Transferring Real Property With Fake Identity

Transferring Real Property with Fake Identity refers to people with no right to transferring real property pretend to be the real owners and the negotiates believe it. The two sides have paid the price and finished the registration of transferring real property. Actions of transferring real property with fake identity are different from traditional unauthorized agency or unauthorized disposition. So what’s the legal result of transferring real property? Can bona fides third party obtain real right of the real property through the system of apparent agency or bona fide acquisition? Scholars and judges continue to disagree over actions of transferring real property with fake identity.With regard to the legal consequences of actions of transferring real property with fake identity, there are several opinions in academic circles: the system of apparent agency can’t apply to the actions and the system of bona fide acquisition can’t apply to the actions either; the system of apparent agency can’t apply to the actions,but the system of bona fide acquisition can apply to the actions; the system of bona fide acquisition can’t apply to the actions, but the system of apparent agency can apply to the actions.I think that, the original owner and the bona fides third party are both well-meaning during the whole procedure, so it’s difficult to make a choice between the original owner’s interest and the bona fides third party’s interest. There must be good legal grounds if you want to protect the bona fides third party, because the main value orientation of civil law is to protect the property of static security. Actions of transferring real property with fake identity belong to unauthorized disposition in nature, so the system of apparent agency can’t apply to the actions. The public reliance of registration applies to the situation of registration error. But there’s no registration error in actions of transferring real property with fake identity, so the system of bona fide acquisition can’t apply to the actions either. In some special cases, the original owner made some mistakes which help the actions of transferring real property with fake identity. It’s unfair to bona fides third party in these cases, so I suggest making some general rules of protect well-intentioned people in the future civil code. In this period, we can deal with this problem through application of analogy.This thesis will focus on if the Real Right Law of the People’s Republic of China should protect the reliance interest of bona fides third party, which is about the ultimate ownership of the real property and compensation for damages. First of all, I quote two cases to explain the actions of transferring real property and introduce the common features of this behavior. Then I summarize several mainstream views about this problem, including the theory of apparent agency and the theory of bona fide acquisition. I also elaborate the rationality of those theories and put forward some questions. Last but not least, I will put forward my own point of view and profitable suggestions about actions of transferring real property. This thesis contains four chapters.Chapter One is the foundation of the following parts of the thesis. In this part, I mainly elaborate the meaning of actions of transferring real property with fake identity and compare it with similar concepts. I also summarize several mainstream views about this problem, including the theory of apparent agency and the theory of bona fide acquisition.Chapter Two analyses one of the mainstream views, the theory of apparent agency. I will discuss the rationality of this theory and put forward some questions. Scholars who support the theory of apparent agency mainly consider three elements including the subjective intentions of owners, bona fides third party and people with fake identity.Chapter Three analyses one of the mainstream views, the theory of bona fide acquisition. I will discuss the rationality of this theory and put forward some questions. Some scholars consider that bona fides third party can get the real right of real estate through the system of bona fide acquisition, because actions of transferring real property with fake identity accord with components of bona fide acquisition, the registration of real estate possesses credibility and civil law protect good intentions.Chapter Four mainly discuss my own opinions about this issue. I think we should apply the law strictly, ought not to do any expansive interpretation casually. I think actions of transferring real property with fake identity doesn’t suit the system of apparent agency, we can’t apply the system of bona fide acquisition to dealing with the actions of transferring real property with fake identity either. At last, I will put forward some profitable suggestions about this matter.