Discuss On The Private Law Effect Of The False Disposition Of Real Eastates

With the development of society and the acceleration of the rhythm of life, the law is lagging behind in the adjustment of social activities because of its relatively stable characteristics. Real estate false disciplinary actions occur frequently in real life, and in the existing laws of our country did not have the clear legal norms. Different academic theories are controversial about that, mainly concentrated in: applicable to bona fide acquisition system, unauthorized agency system, several aspects, such as the agency by estoppels system; accomplice in judicial practice different sentence is everywhere, judge only by their own understanding of legal norms and judicial activities is not enough. Real estate false disposition constitution is complex, not general of, should according to the specific circumstances to distinguish to treat. The author thinks that some scholars emphasize the direct application of the system and the agent system is not feasible, the elements, the theoretical basis and the applicable premise are different. Based on real estate false punishment disposition connotation and the nature analysis of the study at home and abroad in different countries and regions and case, combined with its social influence and value measure and discussed, finally think real estate false action can be in appropriate analogy system of apparent agency, in weighing the interests of all parties and maintain the security of transaction and promote economic and social development. It is also hoped that through the discussion and analysis of this paper, we can bring effective suggestions to the judicial trial.