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A Study On The Behavior Of Disposing Real Estate Under False Name

Posted on:2021-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhuFull Text:PDF
GTID:2506306230977159Subject:legal
Abstract/Summary:PDF Full Text Request
With the improvement of people’s material living standards,the behaviors of obtaining illegal benefits under the condition of falsely using the identity of the non-specific subject and the other party to express that they are the real rights also increasing.And this kind of case presents the status of different judgments in the same case in our judicial practice.Nowadays,people’s awareness of the rule of law is gradually increasing.When they know that their rights are damaged,they will resort to the court to solve this problem and protect their legal rights.However,because China does not yet have a clear legal system to uniformly regulate this issue,the courts have ambiguous definitions and varying degrees of freedom when protecting relevant parties ’interests or protecting the interests of the original rights holders Discretion.Hundreds of scholars contend in theory,each holding their own views.The question of how to choose between obtaining in good faith and unauthorized agents arises in the question of how to apply the law,so I put forward some of my opinions through the analysis of practical cases,I hope my own strength can help.In addition to the introduction,the paper has five parts:The first part is an introduction to the basic theories of impersonation of immovable property.It mainly starts with three small aspects: the definition of behavior,comparison with other behaviors,and characteristics.The second part is to analyze the background and hazards of imposing real property behaviors,and further analyze the social causes of such violations and the main types of situations and specific harms caused by such violations.The third part is to introduce the current status of legal application of impersonation and imposition of real property in China.In this part,the introduction of typical cases introduces the current status of judicial practice and analyzes the main problems of different judgments in the same case aspect.The fourth part is mainly to analyze the reasons for the above problems in the process of impersonation of immovable real estate in the process of law application from several major aspects,such as the imperfect legislation in China,the disputes inacademic theory,and the imperfection of related supporting systems.The fifth part is to put forward some perfect suggestions before combining the existing problems and the reasons for such behavior.
Keywords/Search Tags:False dispose real estate, Obtain real right in good faith, Unauthorized agency, Real estate registration
PDF Full Text Request
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