The Application Of Law To The Imposed Disposal Of Real Estate

The imposed disposal of real estate means that the counterfeiter obtains the certificate of real property rights of the impersonated party by forging the relevant certificates and signatures of the impersonated person,and then sells or mortgages the real estate to an uninformed third person in the identity of the impersonated person,and completes the transfer registration and the registration of the establishment of the mortgage in the real estate register.When the third party requests the impersonated party to perform the contract,it will be found that the impersonator has been unable to contact.At this time,the ownership of the house will be disputed between the impersonated party and the bona fide third party.The imposed disposal of real estate not only damages the ownership of the impersonated party,but also makes the bona fide third party face a high transaction risk.However,there are no directly applicable provisions on this act in China’s law at present.Due to the lack of clear regulations,courts at all levels and all over the country have been in a difficult position to judge fairly.At the same time,the establishment and alteration of real estate property rights must be registered by the real estate registration agency,so the imposed disposal of real estate also involves the duty of care of the real estate resistor and the liability for compensation.However,this paper mainly discusses the application of the law of the imposed disposal of real estate in order to solve the disputes of rights.Imposed disposal of real estate is very similar to that of unauthorized disposal and unauthorized agency,but there are obvious differences.Although the fact that the appearance of identity is formed in the imposed disposal of real estate,it is different from the registered right state shown in the real estate register.the trust in the appearance of identity is different from the trust in the real estate register.However,there are no mistakes of the registered right state in the real estate register,the behavior of imposture of real estate does not conform to the constitutive requirements of bona fide acquisition of real estate.Hence,either article 106 of Property Law or analogy of article 106 can be applied.The value orientation of imposed disposal of real estate is consistent with that of apparent agency,what’s more their constitutive requirements have similarities which are more important than that of differences,so the behavior of imposture of real estate can be applied for apparent agency.From the perspective of dynamic theory,through the comparison and balance between the accountability of the impersonated party and the rationality of trust from the counterpart,the interests of the owner shall be protected while guaranteeing the transaction safety.