On Impersonated Disposition Of The Immovable Property

In real life,such behaviors which go under the name of someone else to deal with the immovable property truly exist,namely impersonated disposition.However,in our country,there are no relevant laws or regulations to classify impersonated disposition into some specific law system it suitable for.Therefore,it has aroused a heated discussion in the academic field.Different scholars hold different viewpoints and a common is still not reached.Sometimes,the same cases are usually ruled differently in a judgment.impersonated disposition is not only different from ‘unauthorized disposition' in the system of bona fide acquisition of real estate,but also different from ‘unauthorized agent'.n impersonated dispositions,to realize the aim of balance the right between the original owners the third person in good faith,and to protect the security and stability of the trading activity,we need to consider the analogy applicability of the existing legal system.After comparing it with the bona fide acquisition of real estate and unauthorized agency system,we found that the analogy of unauthorized agency system is more reasonable.When the trust rationality of the counterpart and the subjective fault of the nominal carrier and the strength of the nominal carrier can reach certain conditions.we can further apply to the apparent agency by analogy.