Analysis Of Legal Effect Of Transferring Real Estate With Fake Identity

In recent years,China's economic development has accelerated,the real estate industry is flourishing,housing prices have soared,residents cannot afford to buy houses,which has also become increasingly common.Under the high pressure of housing purchase difficulties,mercenary people began to take advantage of this occasion and do wrong,for example,some house owners' spouses,children,friends,tenants or people who have other relations with them may try to obtain the ownership of their house property certificates by stealing,forging or other illegal means,disposing their properties in the name of the original obligees,selling their houses to a third party who don't know the truth concealing the fact from the investigation of housing registration and management department for the registration of transfer in order to get their housing prices.At the same time,this also creates those illegal institutions specialized in forgery of documents such as real estate licenses,ID cards and so on.This kind of cheating behavior is not only an infringement to the owners of the houses,but also a way to make the good buyers bear a high risk of transaction exposure.The imposters often run off after getting the money,which results in the conflict between the original obligees and the buyers,so that they may be confronted before a law court.However,China's current law does not have clear regulations for this behavior,different judgments happen to the same cases in judicial judgment,so it is necessary to have the oretical research and discussion about the false dispose of real estate.This article mainly discusses the ownership of real estate in false dispose of real estate if the buyers have subjective goodwill.The full text is divided into three chapters and has an elaborate discussion about the legal effect of false dispose of real estate.The first chapter is the foundation of this article,it mainly explains the meaning,characteristics and nature of false dispose of real estate and sets the stage for the following discussion of this article.The second chapter is about the mainstream theories of application of law on false dispose of real estate.Through comparative analysis,the author puts forward his query for those theories and draws the conclusion that the system of goodwill acquisition should not be applied.The third chapter is about the author's understanding of the false dispose of real estate,focusing on analyzing the contract validity of false dispose of real estate.Through distinguishing act of disposition and act of debt,he defines real estate ownership.I believe that the protection of the scope of good faith shall not be arbitrarily expanded,but should take a strict limit explaining method.False dispose of real estate is not applicable to neither bona fide acquisition,nor agency system.The real estate right should be taken by the real estate owners.