A Brief Discussion On The Application Of Law On Impersonated Disposition

How to apply the law on impersonated disposition is one of the hot spot of the academic field of property law in recent years.On the one hand,the practice of such cases emerge in an endless stream;on the other hand,due to the lack of laws and regulations,the discussion of theory and practice of the treatment and have not reached a consensus.The author found that,in the theoretical discussion,although there are claims for the system of bona fide acquisition point of view,but few are demonstrated in detail.Then,the detailed demonstration of the real estate false punishment rationality of bona fide acquisition;at the same time,the author will further analyze the distinction between disposition and burden behavior to distinguish between legal acts and the establishment and effectiveness from the perspective of The rationality of the application of theagent system ? At the same time,the author will refute the view of "impersonated disposition being illegal and invalid" and the view of "limited application of bona fide acquisition for impersonated disposition ".The introduction part introduces the typical model and the real false punishment case property,and apply different opinions of the relevant system were summarized and introduced.Mainly includes: the claim validity system;bona fide acquisition;that limited application of the bona fide acquisition s;advocate agent system.Overall,I think the contract of impersonated disposition is valid,but whether to recognize the change of real right effect and by what path to acknowledge the effect,we should make a concrete analysis to this.The author thinks that from the external conditions,the system of bona fide acquisition is more conducive to the protection of the rights of real people,but also conducive to the investigation of the registration authority responsibility;but in China,which does not recognize the abstraktionsprinzip,agent system is more feasible.