Transferring Real Property With Fake Identity’s Judicial Application And Perfection

The problem of transferring real property with fake identity happened frequently in our country.However, what kind of system should be fitted in has not reach a unified conclusion in the judicial practice field and academic circles. Due to the dislocation between the parties in these kind of case, it is seemed in accordance with the appearance of the agency by estoppels system to some extent, so can this kind of case apply to the agency by estoppels system? At the same time, due to the fault of registration authority, this kind of case seems in line with the good faith system because of it’s appeared to be applicable the appearance. So what kind of system should this case be fitted in? The academic circle and judicial practice, and other fields have not reached a unified understanding already.The paper based on a controversial case called Zhang Huan v. Li Da Long, a disputed case in academic community. From this case, the author leads to impersonate dispose processing methods in case of real estate in our country’s judicial practice.The most controversial point of this case is that whether it applicable to the faith protection or the agency by estoppels system. Therefore, the author through the following part, on the basis of the first category for the behavior to determine the contract’s parties of this kind of behavior. And then, the author analysis which kind of judicial system should the classified behavior fitted in according to different situations.Finally, the author puts forward some suggestions to perfect real estate registration system in China.The first chapter of this article,setting out with a case throughout this article, shows the differently judicial result of the representative cases about transferring real property with fake identity in our country recently in the terms of table.To found the differences in judicial application through the comparison and analysis. And then to do a display for the later discussion through this kind of case’s theory summary.To solve the problem of a certain behavior of the judicial application, we need analysis the legal category of this kind of behaviors at the first. In this paper, the second chapter analyzes the behavior under different conditions of the main body firstly,and then give the author’s opinion to the contract effectiveness, to explain that the effectiveness of the contract do not affect the behavior which should be used.Chapter 3 and chapter 4, this paper analysis respectively in terms of whether this behavior can apply to the faith protection system or the agency by estoppels. From analysis the behavior’s constitutive requirement and in term of the legislation model and juridical practice, to prove whether the transferring real property with fake identity can fitted in. Finally, the author concluded that this behavior cannot apply to the faith protection system, and can apply the views of the agency by estoppels system.Finally, the author analyzes our country’s real estate registration examination mode is formalist examination model as a starting point in the fifth chapter. Based on introducing foreign notary system,the author made a preliminary analysis of the feasibility of the notary system for our country.