| Imposed disposal of real estate which refers to the behavior that people dispose of immovable property in the name of others with a false appearance of right is a kind of false attribution behavior which is one of the types of legal acts in the name of another person.It means using counterfeit identity materials to sell or mortgage the real estate to the third people.How to deal with the real estate property ownership after the imposture is very complex,because the acquisition system the real estate property is particular.At the institutional level,it relates to the choice between bona fide acquisition or unauthorized agency.In terms of value,it relates to conflicts of interest in the autonomy or the protection of trust,which talks about ownership and transaction safety.For this problem,the law is not defined clearly and the theoretical community has not reached a consistent conclusion.Imposed disposal of real estate is the cause of how to apply the law in practice.Through listing and analyzing similar cases,this behavior is defined as one of the types of legal acts in the name of another person and this paper gives the legal definition of the act,including the actors and elements.The author believes that the transaction actors are divided into acting people,relative person in contract which is the third party,people of real rights.By the division,the elements are: people dispose of real estate without agreement in the name of people of real rights;the act is for their own interests;the right appearance makes third people trust;the registration of real estate registration agency.The applicable law problems in imposed disposal of real estate includes that the act can be classified as "disposal" or "agent”,the analogy of the rules,the legal effect and civil liability according to the specific circumstances.Although the imposture has some similarities with unauthorized disposition and unauthorized agency,they are three different kinds of the legal concept,which have different scope.Currently there is not system about legal consequences of imposed disposal of real estate.Therefore we should consider the interpretation of the law from the views of purpose and function which is more close to.This paper discusses the bona fide acquisition system and agent system from various aspects.It reaches the opinion that imposed disposal of real estate cannot apply to bona fide acquisition while it can be analogized of unauthorized agency system(including narrow ex-agency and apparent agency),which is from the view about the credibility of real estate register and the contract effectiveness from the perspective of bona fide acquisition,the principal’s liability and the third party’s rationality from the perspective of agency system.Based on this,the paper puts forward its own views on the specific rules of agency system,including two aspects of the applicable situation and legal effect.The legal effect is not the same at all when it comes to the analogy of narrow ex-agency or apparent agency.Specifically,it can be distinguished three situation in the case of imposture: if the third party has reasonable grounds to believe that the appearance of right and people of real rights has accountability,it can analogize apparent agency rules;if people of real rights does not have accountability,it can analogize narrow ex-agency with or without the third party’s reasonable reliance;if it meets that there is not third party’s reasonable reliance and there is real right people’s accountability,we should take specific considerations about fault of the two parties.The paper discusses the legal effect of the three transaction parties in the corresponding situation.The author believes that registration institutes of real estates can bear civil liability in imposed disposal of real estate.Starting from the qualitative review of obligations,the paper analyzes the institutes’ responsibility by the classification of analytical methods,which is entitled to recourse to the responsible ones after assuming the liabilities. |
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