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Legal Issue Study Of Transferring Real Property With Fake Identity

Posted on:2018-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WeiFull Text:PDF
GTID:2346330536975677Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Transferring Real Property with Fake Identity is similar to Unauthorized zgency and Unauthorized disponendi but still has important differences with them.The treatment of Transferring Real Property with Fake Identity is involved with difficult issues never solved in Unauthorized zgency?Unauthorized disponendi and bona acquirement,which also sparked controversies in theory and practice.Such disputes are mainly concentrated in two aspects: whether the priority should be given to the protection of the buyer's interests of faith;if the answer is yes,what kind of system should be suitable.Through theoretical analysis and value judgment,Transferring Real Property with Fake Identity should not be regarded as illegal act or void act.The assignee's interests should be protected prior to the one with right namesake.By comparison,bona acquirement of immovable system is too ossify and should not be applied.Application of analogy of Unauthorized zgency is proper.The safety of the static and dynamic security is equally important to Biens immeubles,ignoring any part will cause serious social problems.They should be measured based on the standard of fair and reasonable.In the specific application of Unauthorized zgency,the standard should be based on the factors of the degree of the reliance and the imputation.ect.
Keywords/Search Tags:Transferring Real Property with Fake Identity, effect, bona fide acquisition, Unauthorized agency
PDF Full Text Request
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