Comment On Removal Of Obstacles Dispute Case Of Lian Chengxian V. Zang Shulin

Unauthorized disposition, bona fide acquisition and possession has been an important institution of civil law in China,it is particularly important when placing it among the real estate transfer, The rapid development of China's real estate industry has brought a wave of real estate transactions, thus the legal issue which related to real estate transfer becomes more compelling and the dispute case which related to immovable property also is endless. How to measure the rights and obligations of Unauthorized Disposition people, bona fide assignee and the original rights holders, there is great practical significance. Lian Chengxian V. Zang Shulin removal of obstacles dispute recorded after the bona fide assignee obtain the ownership of the house, the house has been possessed by the original obligee.However, the bona fide assignee has not the right to request the original obligee to move out in this situation. There are following four focus of controversy in this case.First, whether the transferor has the right to dispose, Second, whether the transferee is acquired in good faith.Third, whether the original right holder has the right to occupy the disputed house.Fourth, the right relief and interests measure between the parties in the case.For the focus of controversy, by the analysis on the merits, get the following conclusions. First, the transaction between the assignor and the agents is invalid, and thus the assignor has not achieved the ownership of the house, the assignor resells the house to a third party is Unauthorized Disposition.Secondly, although the assignor loss of ownership and disposition of the subject matter, but because of the assignee satisfies the requirements of bona fide acquisition, thus he has obtained the ownership of the disputed house.Thirdly, the original rights holder lose the ownership,it has the right to possession change into not ownership, which can not against ownership of the assignee,.So the court judgment was wrong.Finally, through the analysis of the multiple identities of the parties, to determine the original right holder can exercise the right to request liquidated damages, unjust enrichment claim for restitution or compensation for infringement claims to relief claimed.The bona fide assignee can find the assignor to claim for compensation for breach of contract, also can request return the original items being based on the requirement of ownership..In the course of the applicable law often involved in the measure of interests. However, we should bear in mind that only on the basis of complying with the law can we measure the interests and exercise of discretion.