On The Rights Protection Of Bona Fide Third Party In The Case Of "Real Property Disposition With Fake Identity"

To protect Bona Fide Third Party's legal rights in the course of real right changes is the basic requirement for market transaction security maintenance and transaction improvement.The Third Party is the embodiment of the whole market transaction order.In order to maintain the normal market order in the process of real right changes,the protection of Bona Fide Third Party's rights becomes the basic category of Property Law.In recent years,the property change of “disposing real property with fake identity” presents in the social life frequently.It mainly reflects that the person with fake identity makes the Third Party believe he/she is the original owner of real property by taking certain means without the original owner knowing it,and then transfer the real property to the Third Party and handle alteration registration at the registration authority.Such real property disposition makes the Bona Fide Third Party suffer great transaction risk while prejudicing the original real property owner's rights.There is no express provision on such behavior in the current laws of our country.Among which,how to protect Bona Fide Third Party's rights and how to balance the interest relationship between real property owner and Bona Fide Third Party become a problem in judicial practice and theoretical research.The feasible ways for protection of Bona Fide Third Party's rights in real property disposition with fake identity mainly include Bona Fide Acquisition and Agent by Estoppel applied by analogy through summarizing the existing judicial precedents and theoretical research results.Among them,disposition of real property with fake identity is excluded from the applicable scope of Bona Fide Acquisition as it lacks the important factors to apply to“registration error” and “unauthorized disposal” of Bona Fide Acquisition system."Analogy Apply" is one of the main ways to supplement legal loopholes.There is no express legal regulation about disposition with fake identity in China's current law,the application of Bona Fide Acquisition system has essential obstacles on important factors,and real property disposition with fake identity cannot directly apply to the system of Agent by Estoppel.As a result,there exists legal loophole in Chinese Law regarding real property disposition withfake identity,so analogy apply of Agent by Estoppel is possible.It is concluded that the disposition with fake identity and Agent by Estoppel have substantial similarity through comparative analysis.Therefore,to protect the Bona Fide Third Party's rights in real property disposition is feasible.The final conclusion of this paper is that the system of Agent by Estoppel shall be applied analogy to protect Bona Fide Third Party's rights.If there is no trustworthy right appearance,then the Unauthorized Agency system shall be applied by analogy,with its effect to be determined by whether or not the original owner provides ratification.