Research On Legal Issues Of Disposing Of Real Estate By Impersonation

Impersonation of real estate is a kind of counterfeiting behavior that seeks personal interests by impersonating the real owner of the real estate,using the appearance of the fake real estate owner to deceive a third party to conduct transactions,sell the house or mortgage it to a third party and handle the property.The act of changing the registration of rights.This kind of transaction behavior not only obviously infringes the real right enjoyed by the real owner of the house ownership,but also damages the property safety of the third party related to the transaction to a great extent.Based on the real estate judicial case data in China and related academic theories,this paper focuses on how to clarify the legal attributes of impostorous disposal of real estate,and discusses how to analyze several existing controversial viewpoints: The theory of rights agency or the theory of obtaining real estate rights in good faith is also applied,and analyzes the validity of the contract for impersonation of real estate and the civil liability and compensation scope of the perpetrator and the real estate registration authority.Specific to the article:Regarding the issue of the validity of the contract of impersonation of real estate,in the case of intertwined civil and criminal,this paper’s point of view is that when the perpetrator’s behavior is suspected of breaking the law,the validity of the civil contract cannot be automatically determined by the criminal law and is directly invalid.The validity of a civil contract shall be judged on the basis of the provisions of civil laws and regulations and the subjective good and evil of the third party.Regarding the legal nature of impersonation of real estate and the legal application system,since there is no clear legal norm for impersonation of real estate in my country,the point of this paper is that there is an analogous application of impersonation in the framework of the legal system without authority.possibility.By comparing and weighing two related elements,the reliability of the counterparty’s reasonable transaction and the attributability of the person being impersonated,and then through the analysis of specific cases to determine whether the analogy is applicable to apparent agency or not in a narrow sense rights agent.Regarding the issue of civil liability and the scope of compensation for the impersonation of real estate,in most cases,the impostor refused to ratify it.The point of this article is that the impostor should be liable for the negligence of the contract,and the impostor should compensate the counterparty for the indirect losses caused by the impostor on the basis of compensating for the performance obligations in the impostor contract.In addition,the housing registration authority shall also be liable for supplementary compensation for its erroneous registration.