Legal Issue Study Of Transferring Real Property With Fake Identity

Recently,there appears a lot of cases on Transferring Real Property with Fake Identity in our country,like the tenants dispose the property possessed by him or her,the co-owners dispose of the co-Ownership property,and even irrelevant persons dispose a house through obtaining the owner's house title,which makes Transferring Real Property with Fake Identity a hot topic.Transferring Real Property with Fake Identity is to pretend to be the owner for house transfer while the house transferee has no idea of such pretence.Such behavior not only abuse the owner's right of the real property,but also puts the transferee in huge transaction risks.This phenomenon also exists overseas.Some scholars hold the opinion that the Bona Fide Acquisition System can be applied to the Behavior or the Agency by Estoppel System can be applied by analogy to the Behavior,while others hold the opposite opinion.To study the behavior nature of Transferring Real Property with Fake Identity,this article mainly refers to Article 106 of PRC Property Law and Article 49/Article 51 of PRC Contract Law,combines the knowledge of legislative purpose analysis,case study systematic interpretation,antithesis and the study of other experts,extreme analysis Bona Fide Acquisition System and the Behavior or the Agency by Estoppel System.It is hard to apply both Bona Fide Acquisition System and the Behavior or the Agency by Estoppel System due to the difference.Firstly,this article explains the character of the Behavior by studying the experts'opinions,that is,the cheater pretends to be other persons by forging signatures of others and transferring others',to make an expression of an intent to enter into a contract,the offeror and the transferee should be bound by the contract,the transferee was in good faith then and has paid reasonable considerations,and the relevant authority was cheated and thus accepted the transfer registration.Secondly,there is no possibility that the Behavior shall be governed by both Bona Fide Acquisition System and the Behavior or the Agency by Estoppel System due to its condition.Finally,the conclusion is that,there are three different kinds of Behaviors.(1)there is no legal relationship between the holder of the house and the offeror(the offeror forges the title of the holder,for example),the offeror and the transferee should be bound by the contract,the offeror burden the security ability for defects of right.The offeror should make up for the innocent third-party.(2)while the holder and the offeror is the husband-and-wife relationship,the Bona Fide Acquisition System should be applied to the Behavior according to Article 11 of the Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of the "Marriage Law of the People's Republic of China"(III).(3)If it is consented to by the holder,the Agency by Estoppel System can be applied in the leasehold relations and co-Ownership relations,otherwise,the offeror shall assume contract liability.