Research On Transferring Real Property By Bogus Owner

Undeniable,impersonation of real estate behavior,under the interpretation of the meaning of the text,belongs to the action that no right to dispose of.However,this is different from the common premise of "the right to dispose of" the acquisition of the goodwill of the movable property and the goodwill of the immovable property as stipulated in the "Property Law of the People’s Republic of China".It is not easy to identify the imposition of immovable property as a non-rightful disposition in the acquisition of good faith.The appearance fact of the right which has no right to dispose in the acquisition of movable property in good faith is based on the premise that it does not violate the original right holder’s meaning.In the acquisition of real property in good faith,not only does the doer have no right to dispose of it,but also the registration of the real property register is not correct.Therefore,it can be analogized to apply to an unauthorised proxy.The reason why it is analogy is not directly applicable.It is that the imposter does not indicate that he is a different person from the imposter when he uses the name of another person to carry out the legal act,nor does he indicate that he is the agent of the imposter.It is fundamentally different from an unauthorised agent..In the analogy of the application of the unauthorised agent,it is necessary to combine the imputability of the imprador with the accountability of the counterpart of the transaction,and then judge whether it is analogy to apply the narrowly-defined unauthorised agent,or analogy to the applicable table.When discussing the system for imposing imposition of immovable property,there is a premise that theappearance of the identity that the opposite person in the impersonation is trusted to be worth protecting is not justified for the trust of the real estate register,but this is based on The trust that people form in good faith.This paper will be divided into four parts:The first part introduces the problem that this article will explore through three real cases,namely the specific law application of impersonation of real estate behavior.The second part mainly expounds what is impostor disposal,compares impostor disposal with unauthorized disposal and unauthorized agency,and concludes that impostor disposal is not the unauthorized disposal defined by the bona fide acquisition of real property in China’s property law,which is different from the unauthorized agency,and has its unique characteristics.Then it is determined that the legal subject of the impostor and the other party is not the impostor and the other party,but the impostor and the other party.The third part introduces the differences formed by the theoretical circle about which legal system should be applied to impostor disposal of real property.There are four different views: the first one is bona fide acquisition theory,which is divided into general bona fide acquisition theory and special bona fide acquisition theory.The second kind is the theory of agency without authority,which is divided into the narrow sense of agency without authority and the expression of agency.The third is the eclectic theory;The fourth is not applicable.The fourth part,combined with the foregoing discussion,concludes that impostor disposal can not be applied to bona fide acquisition system,and can not be similarly applied.Impostor disposal of real property is similar to the unauthorized agency system,and the appearance of rights trusted by the counterpart is largely the same,so it can be similarly applied to the unauthorized agency system.When the analogy is applied,it should combine the imputability of the person to whom the analogy is applied with the imputability of the person to whom the analogy is applied.