The Empirical Analysis Of The Legal Issues Of Immovable Property Imposter Disposition In China

There are many cases of imminent seizures in real estate every year,and they are increasing year by year.However,the judgments of various courts for such cases are also different and the same cases have different judgments.There is no clear regulation on impersonation in China's current legal system,and the academic community is also very controversial about such issues.Regardless of whether it is in the theoretical circle or in judicial practice,the disputes about the legal application of impostor disposition mainly focus on the application of bona fide acquisition system and agency systemThis paper mainly sorts out and empirically analyzes all impostor disposition cases in recent years,and tries to find out the reasons and problems that lead to different opinions on such cases in judicial practice through analyzing the basis and considerations of the court judgment.Practice has shown that in the judicial practice of our country,most courts still choose to invoke the provisions of Article 106 of the Property Law to protect the interests of bona fide third parties in the impregnation of real estate.There are also a few courts hold that the bona fide acquisition of real estate should not be applied in such cases,because the real estate acquisition system has the applicable space only when the immovable property register is wrong.A small number of courts will choose to apply apparent agency or unauthorized agency to handle real estate impregnation disposal cases.Although the application of the agency system is the most vocal point of view in the theoretical circle,it seems that it has not been adopted by many courts in judicial practice.In addition,some courts do not apply the system of good faith acquisition or agency in dealing with cases of real estate impersonation.Based on the analysis of the reasons and considerations for the different situations of the application of the law in the court judgment,the author examines the application of the law in the impostor disposition of real estate in China,and examines whether there are differences in the nature of the judgment in the application of the law,and explores the reasons behind the interest balance of the judge in choosing the application of the system.Finally,based on the scholar's point of view combined with the actual situation of China's immovable property impersonation,the paper makes suggestions on the application of law for different cases: if the real estate case that was commissioned by false notarization is directly included in the agency system.And without false notarization can distinguish the sanction others entrusted by the unique property and impersonate dispose all types of real estate case.The immovable property acquisition system shall be restricted to apply in the case of register errors.And the agency and the unauthorized agency system may be applied analogically.In view of the fact that the immovable property registration agency in the case of real estate fraud is also responsible for the fault,the article finally analyzes the liability of the real estate registration agency involved in the case.