A Study Of The Effects Of Private Law On The Imposition Of Immovable Property

Impairment of other people's real estate cases are increasing year by year.The courts make judgments vary,and there are more and more academic community are discussing this issue.Through the analysis of the article can be found impersonation of other people's real estate cases are atypical cases.Neither the non-right disposition nor agency is different from impersonated disposition.Because of the complex theory of civil law involved in this issue?In this paper,we just analyzes the problems only from these typical cases.From the four typical cases of first part can be seen that such cases have different views in China's judicial practice.Some courts argue that bona fide acquisition should be applied,while others are not agree with them.Some of them denying the effect of contract because the behaviour is illegal.Some courts have not yet conducted an in-depth analysis of the problem,but still expressed a clear attitude that the behaviour not apply to bona fide acquisition.Thus,the main facts of this paper are how to referee the imposing real estate cases and whether the contract is absolutely invalid.when the transaction involved in the crime.In the second part,firstly analyzes the concept of imposing real estate and the related doctrine,which defines the scope of "imposing real estate action" discussed in this paper.Secondly,the current theory holds that real estate impersonation behavior belongs to the category of non-right disposition.we should use the provisions of Article 106 of the Property Law of the People 's Republic of China or analogous to Article 107.But after careful study and discussion,it can be found that impersonated disposition does not really apply to the system of bona fide acquisition.On the analysis of the article,we can find that impersonated disposition is different from traditional view called non-right disposition,but the real estate registration error.Although it can not be applied to the system of bona fide acquisition,we still can not ignore the protection of bona fides third party.In order to protect the trust of the bona fides third party in good faith,we can fully consider the two factors of the responsibility of the impostor and the trustworthiness of the relative person.Then analogy apply apparent agency or unauthorized agency.So that we can find a relatively reasonable solution to solve this article in the current legal framework.The last part of the article is the conclusion and revelation part.Combined with the previous legal analysis,we knew that by combing with the responsibility of the impostor and the relative goodwill we can knew how to judge these cases.We can knew when is the times to applying apparent agency or unauthorized agency.The analysis of the nature of the liability of the real estate registration institution involved in such cases is regarded as civil liability which is more conducive to the protection of the rights.