On The Responsibility In The Imposter-involved House Transaction

The imposter involved house trading cases is very common. To analyze the behavior of the imposter and the liability arising from the behavior, we will follow the following logical deduction order. At first of all, we should confirm the legal nature of the imposter’s behavior, and then apply the appropriate rules to balance the parties’ interest. However, under the current Chinese legal system, scholars have different opinions on several issues according to different legal theories. This essay will be led by an imposter involved house trading case, and show how to deal with such cases. These issues include:the nature of imposter involved house trading behavior, with it that the Bona Fide Acquisition (BFA) system can be applied to the buyer, the nature of the liability taken by the registration authority, and how can the state liability coexist with the tort liability.The first part will introduce the clue case and the imposter involved disposition behavior.The second part will talk about the nature of the imposter involved disposition behavior, and mention two main viewpoint of the rules that can be applied to deal with the behavior:unauthorized agency rules but Mutatis mutandis, and the unauthorized disposition rules. Furthermore, this applicability of BFA system is going to be discussed, and we believe it that the bona fide third party can obtain the house.The third part is going to analyze the nature of the liability taken by the real estate registration authority, the referred liability arising from registration error, and the nature of real estate registration. According to the current circumstance in China and the statutes on the real estate registration. In our opinion, this liability is a kind of state liability, which is a liability in public law.The fourth part is the analysis of coexistence of state liability and tort liability. By introduce the transference of liability between public law sector and private law sector, we will give out our arguments which is that the register authority shall take the state compensation liability when mistakes of register occur, what’s more, which illustrated that the administrative liability and civil liability can and shall constitute the unreal joint and several liability. Accordingly, the impersonated part can claim for compensation to either the register authority or the imposter. And the imposter shall be the final compensator.By the foregoing discussion, the paper argues that, in our current situation and the existing legal system, the imposter involved house trading cases should be analyzed according to the above ideas.