Legal Issue Study Of Transferring Real Property With Fake Identity

Some cases occur constantly in practice that the impostor has disposed of others estate and transferred to the third party. However there are no relevant laws or regulations governing this behavior in China. Therefore the same case may have different trial results at different courts and there are a lot of disputes in theory and practice. This article attempts to make comprehensive analysis and research involved in the cases, to propose my own opinions so as to provide a reference for theoretical research and practical operation of the case of “false impersonation disposition”.This paper expands the study of “false impersonation disposition” based on the premise of Real Property’s Bona-fide Acquisition, the comparison between the False impersonation disposition and Unauthorized agency, the “disposition without proper right" in Real Property’s Bona-fide Acquisition, and the analogy applies of unauthorized agency or apparent agency.There are no flaws of real estate Registration Book in the case of “false impersonation disposition”, which is regarded as the premise of Real Property’s Bona-fide Acquisition. In addition, the bona-fide third party is intended to bound the owner of the identity, so conclusion of the contract shall be deemed to be legal acts between the bona-fide third party and the owner of the identity. The behavior in this situation usually has a structure of three parties, which is inconsistent with the structure of two parties of the “disposition without proper right”. Hence, Real Property’s Bona-fide Acquisition cannot be applied to the case of “false impersonation disposition”.“False impersonation disposition” is also different from unauthorized agency, but Imposed disposal of real estate correspond with the structure of three parties of unauthorized agency. Apparent agency is a special category of unauthorized agency. There is some comparability between apparent agency and “false impersonation disposition” in terms of trust basis. In addition, the value orientation of apparent agency can be applied to Imposed disposal of real estate. Hence, in order to protect the trust from a third party in good faith, the behavior of imposture of real estate can be applicable to analogy of unauthorized agency or apparent agency. The concrete effect of “imposture of real estate” depends on the weighing of the rationality of trust from the counterpart and the accountability of the impersonated party.