Legal Issue Study Of Transferring Property With Fake Identity

The system which is related to the behavior of transferring with fake identity are bona fide acquisition and apparent agency.The system of bona fide acquisition,apparent agency system is to solve my interests and the interests of bona fide third,security and transaction security conflict of the static property,are required to follow the principle of balance of interests,the relevant system of the traditional civil law solves the conflict problem.But in mainland China,the system of bona fide acquisition,apparent agency system ignore the the principle of balance of interests between oneself and the third,often require only third people in good faith,in fact,just because third people in good faith,and not the conditions should be fully protected,but third people must also have good accident.Referability or other aspects of the special considerations(such as protection of negotiable instrument,the credibility of real estate registration,etc.),third people can be protected.In real life,real property false action is more common,China's courts generally used the bona fide acquisition to judge,in the author's view,this is wrong.The reasons for this phenomenon,is due to the law of my interests and the interests of bona fide third,"static safety" and "dynamic security" there exists a vague understanding,a one-sided understanding of the safety of transaction,the lack of theory of bona fide acquisition,in-depth study of apparent agency and other related legal system.People tend to make mistakes too literally,resulting in the judicial practice of the system of bona fide acquisition,abuse of apparent agency system.In this paper,false punishment as the starting point,the "balance of interests" as the evaluation standards of the legal system,using the methods of comparison and interpretation of the law,adhere to the interpretation,taking into account the legislative theory,pointed out that the bona fide acquisition system must have "registration defects" one of the elements,the apparent agency must have the "I can the element of liability".Only in this way can we better safeguard the balance of interests of all parties,and have important theoretical and practical significance for the bona fide acquisition of real estate and the more accurate application of the apparent agency system.Then comes to the conclusion: the real estate false may dispose of bona fide acquisition of real estate;false punishment shall not apply the bona fide acquisition system,can apply the system of agency by estoppel.Finally,as "liability" is an indeterminate concept,the author puts forward his own opinion on the criterion of "liability".