A Study On The Law Application Of Imposed Disposal Of Real Estate

Imposed disposal of real estate is a common imposed disposal in legal practice.The doer disposes of the realty under his name in the name of the real right holder by using false certification materials,sells or mortgages the realty,and completes the registration in the realty registration department.The impostor disposal of real estate involves a variety of legal systems,and the real right of real estate has a certain particularity in the status of property law.How to balance the property security interests and transaction security interests in such cases is an important issue for the court to consider in practice.There is no specific regulation on impostor's disposal of impostor's real estate in China's legal provisions,and there is no unified view on what kind of legal framework should be adopted to adjust the impostor's disposal of impostor's real estate in practice and in theory.Imposed disposal of real estate problems in practice have occurred.Through a large number of searches,this paper summarizes the distribution of judgment results of such cases in practice,and makes a comparative analysis of similar cases to compare the differences in legal application and trial basis of similar cases.After studying a large number of verdicts,this paper puts forward the divergence of impostor disposal of real estate in legal practice.In this paper,it is believed that the imposter action of disposing of real estate in practice,as long as there are the following problems:first,how effective is the contract signed in such cases;Second,what legal basis should be applied as the trial grounds?Thirdly,how to balance the property security interests of the real estate owner and the transaction security interests of the counterparties;Fourth,the impostor disposal of real estate behavior and criminal crime how to cross.The nature of imposed disposal action and the validity of contract in this kind of case are the basis of discussing the legal application of imposed disposal action.This paper combined with the specific provisions of the civil law general principles,analyzes the pseudonymous disposal of civil law,and in such cases the parties of the subjective form as the standard,the acts may arise in the practice disposal of various external forms are classified and discussed pseudonymous dispose of property behavior involved in the effectiveness of the contract.This paper argues that,according to "the general civil law" article one hundred and forty-six to article one hundred and forty-six of the civil legal act is invalid or revocable,not absolutely determined imposed disposal punish the behavior of real estate is invalid or revocable,only when between impostor and the third party has malicious collusion,seeks the false case,can be identified as the contract is invalid;If the third party has special requirements on the counterpart who transacts with it and must sign a contract with the real estate owner,it can constitute a "major misunderstanding" of the contract and the act can be revoked.In addition to the two cases,imposed disposal of real estate are e ffective civil le gal acts.The effectiveness of impostor disposal contract is invalid only when the third party is not in good faith and colludes with the impostor to damage the interests of the original owner.Although impostor disposal of real estate has certain criminal illegality,it cannot deny the effectiveness of civil contract because o f this criminal illegality.Imposed disposal,the action has no right to dispose and unauthorized agency behavior on some factors have a certain similarity,based on the analysis of imposed disposal and the similarities and differences of the two systems,the bona fide acquisition system in the system origin,value orientation,constitutive requirements,goodwill trust aspects has carried on the detailed discussion on the basis of the unauthorized agency system at the same time accountability of the principal and value selection considerations and impersonate disposal,compares the thought in imposed disposal of the applicable law aspects of real estate,and so on for unauthorized agency system is reasonable and can meet the requirements of more cases in the judicial practice.However,if the analogy applies to the bona fide acquisition system,the protection of the security interests of the third party transactions is too absolute,which is not reasonable.How to carry on the concrete in the agent system within the framework of applicable law,this paper argues that,when the real estate owner has accountability,and a third party has reasonable enough reason to believe that impostor shown at right appearance,analogy is used,the agency by estoppels system at this point,the third party and take celebrities effective of the contract,real estate property rights into effect as of the change,the real estate owner can recover from the actor.When the real estate owner doesn't have accountability,the analogy applies to the narrow sense of unauthorized agency,at this time,the real estate owner is entitled to the right of recourse,can choose to bear the responsibility of the contract,but also can choose to refuse to recognize,the real right of change does not have legal effect,the third party can ask to take the impostor has paid the price and compensation for losses.In addition,although the real estate registration agencies do not belong to the parties in the impostor disposal of real estate cases,the real estate registration agencies may be the subject of fault and need to bear civil liability.In this paper,responsibilities of the real estate registration department are classified according to the subjective will of the real estate registration.