On The Judicial Application Of Imposition Of Immovable Property

At present,there are no clear legal provisions in China regarding the imposition of real estate by impersonation.This has led to huge differences in the judiciary's judgment of such cases in judicial practice.The phenomenon of different judgments in the same case is very prominent.In the field of civil law scholars,the opinions of different scholars on the application of the law of impersonation of immovable property are also very different.Basic and judicial practice in different courts have the same grounds for adjudication.In general,there are four types of views on the imposition of imposition of immovable property: the application of a system of good faith acquisition;the application of an agency system;the application of a system of good faith acquisition and an agency system;neither a system of good faith acquisition nor an agency system.The real reason why imposition of immovable property will cause great controversy is mainly because it involves changes in real estate rights,protection of good faith,the specific application of Article 106 of the Property Law,and the liability of the registration authority.To resolve the judicial application of impersonation of impersonated property,we must first clarify the legal nature of the act of imposting.First of all,the act of imposting is a kind of civil legal act.This is the premise to analyze what kind of legal norms are applicable to such cases.The second is that the fraudulent disposition does not belong to the “unauthorized disposition” in Article 106 of the “Property Law”.Unauthorized disposition refers to the fact that the perpetrator disposes other people's things in his own name;...