Legal Effect Analysis Of Immovable Properties Imposture Disposal

Real property pseudonymous dispose refers to someone in life to counterfeit the phenomenon of the building,to sell the others in the name of another person take celebrities by stealing,forge house property certificate and homeowners' proof of identity,as homeowners' identity sign the sale and purchase contract with the buyer,or even fool successful real estate registration organ to handle the housing transfer procedures,so as to obtain illegal profits.Such behaviour is not only seriously damaged by taking the legitimate rights and interests of celebrities,also brought a great deal to vendee risk and severe challenge to the normal order of the real estate registration.Retrieval of domestic law,and no can apply directly to the solution of the real estate impersonate disciplinary dispute law,only some local court issued about"impersonate the effectiveness of the building business contract" policy and the supreme people's court on the trial found in housing registration administrative cases suspected criminal crime should be how to deal with the reply "for reference;Retrieval method abroad,also found no can directly applicable law to resolve the dispute;In judicial practice most believe the judicial case retrieval,business contract is invalid,the pseudonymous behavior on the basis of qualitative for the right to dispose of or unauthorized agency claims that the system or in good analogy for handling the dispute,the agency by estoppels system theory are the two views.As a result of the real estate impersonate punishment does not belong to narrow sense has no right to dispose of and the offender is not in its own name for behavior but by pseudonymous of choose and employ persons to act in the name of the with those stipulated in the "property law" article 106 the right to dispose of different;System of real property in good only exist in a situation and real estate registration error thisthe disposition and no registration error,based on this,the real estate pseudonymous dispose of the other party of goodwill trust not believe in the rights of the real estate registration the appearance,but believe that take a celebrity is the appearance of the right subject of celebrities,with "good faith" in good faith system is different.So real estate thisthe punishment shall not apply to the good faith system.Real estate thisthe disposition,by take celebrities from beginning to end not involved in the transaction behavior,the other party didn't know what is the existence of celebrity,that is,the behavior is only take celebrities and the other party both sides main body,and does not have the tripartite main body structure of the agency by estoppels system;As a result,the other party believe rather than take the appearance of the celebrities have agency take a celebrity is celebrity.The steal take celebrities use forged by taking celebrity name means,this is take a celebrity to be real hard to prevent more without fault.So real estate impersonate punishment does not have on the constitutive requirements of the agency by estoppels system shall apply.Real estate impersonate disciplinary dispute,its core is to determine the ownership,explicit contract effectiveness and bear the responsibility.In view of the actual situation,whether can distinguish between real estate to complete the transfer to discuss respectively.Overall,taking celebrity has signed a contract with the other party can't because of not the celebrity's real intention is invalid,take the real subject of the contract are celebrities and the other party,be celebrity was not involved in.Nor by taking celebrity may constitute a crime,of course,is invalid.As long as meet the requirements of other contract comes into force,the sale and purchase contract is effective.Because the real estate thisthe punishment neither applicable in good or analogy ostensible agency,the other party can't dispute has real estate ownership,the ownership should belong to be a celebrity.In the case of the real estate is not transfer,the other party by creditor's rights to take celebrity claims liability for breach of contract,risk also need to undertake to take the tort liability of celebrities;In the case of the real estate has transfer,due to the registration organ malpractice is the main cause of the real right change,more should be pseudonymous except cancellation error registration and the other party due to the false registration.