Research On The Problem Of Goodwill Acquisition Of Immoral Mortgage

In 2016,the Supreme People's Court promulgated the Judicial Interpretation of the Property Law(I),which explained from Article 15 to Article 21 a more detailed explanation of the goodwill provided for in Article 106 of the Property Law,but the In the course of the explanation,it has not stipulated whether the problem of imposition of real estate can be obtained in good faith.This theoretical circle has been discussed for a long time,but they do not have a unified result.When the practice community was trying such cases,the judgments of the judges in various places were also very inconsistent.This led to the occurrence of different judgments in the same case.The root cause of this phenomenon is the lack of a unified understanding among the theoretical and practical circles about whether or not the impersonated mortgage can be obtained in good faith.Through a typical case to elicit serious disputes in the academic and practical judgments concerning the imposition of immortalized mortgages in real estate,whether the fraudulent mortgage can be regarded as a kind of unauthorized disposition,and in the case of imprisoned immovable property,the third people use the system of goodwill to protect their own interests? The academic circles of this issue hold completely the opposite view.Some scholars believe that the appearance of the right-holder is the appearance of the right subject,and is not the appearance of the right pointed to by the public trust principle,and the third person is more protective of risks than the original right holder.There are advantages,so they have a negative attitude;while another part of the scholars believe that our country law does not clearly state that the case of impersonation and mortgage cannot be applied in good faith,and it should also protect the third party trust in the content of the public announcement.Therefore,it has a positive attitude.The author agrees with the latter point of view,because the appearance of the subject of right formed by the masquerader belongs to the appearance of rights,and it conforms to the principle of public trust and public trust.And third parties have no advantage in risk prevention.The issue of good faith acquisition of the mortgaged immovable property involves a slight difference from the goodwill acquisition of the real property.That is,the third party does not need to pay the reasonable price,butonly pays the price.The original right holder property loss may be claimed from the masquerader and the real estate registration authority.