The Research Of False Disposition Of Real Estate Legal Issues

As China’s real estate market hot, endless variety of cases were happened. As an adjustment of the legal norms of social reality, due to its stability, the presence of a certain behind in the face of rapidly changing social reality, brought in blind application of law. As China is still not made clear legislative provisions also hold various scholars have different views, judicial practice is the emergence of different co-contracting and, therefore, I hope that through this article, which clarify the concepts of different views Analysis carried out. This paper mainly illustrated by the following aspects:The first part exemplified by cases occur in practice, leads to legal issues false dispose of immovable behavior exists, false disposition of the application of the law and how to dispose of bogus contracts should be addressed; second section describes false disposition of the application of the law, for the main dispute among scholars, false disposition of real estate acquired in good faith system should apply or should apply to civil agency system, this section has been fully discussed. In addition, to explore the possibility applicable immovable property acquired in good faith system, you need to clarify the application of the system of real estate acquired in good faith prerequisite paper from legal sources, the credibility of the legal basis and the registration angle to explore, draw bona fide acquisition of real estate and chattel goodwill acquired two systems are quite different, the applicable prerequisites also should be different from movable property acquired in good faith system, this paper advocates of real estate acquired in good faith in the system should be limited to the case of error register, false dispose of immovable behavior should not apply the system of real estate acquired in good faith; and elements and sees the agency system sees the agency system and the behavior has a fit false dispose of immovable property, false disposition of approximation of the constituent elements has, in the identification methods are very similar, there are false analogy disposition system may Apparent;third part is false dispose of immovable behavior contract effectiveness, combined with judicial practice throughout investigate the legal consequences of false dispose of immovable and beginning of the article the author views on the two cases.