Civil Regulation Of Imposed Disposal Of Others’ Real Estate

In recent years, it has usually been seen imposed disposal of property and the imposed disposal of real estate is common occurrence. Impostors try to acquire the owner’s certificate of real estate in all forms, impose the identification of the owner, forge its related credentials and seals and transfer or mortgage the real estate to bona fides third party and deceive the appropriate authority for registration. Such activities not only harm the right of the owner of the real estate but also make the bona fides third party in the position of high risk. In the event that the fraud is penetrated, in most cases, the impostor has already absconded with the money, leaving the ownership of the real estate in dispute between the owner and the bona fides third party and they have to resort to the court. However, there are no laws in china governing such conducts and the courts have no reference, making a judicial predicament that different judgments are made by the courts of different regions. There are also disputes and different theories as to this problem. Considering this, I explore the legislative method and its consequence of the imposed disposal of real estate on the ground of the typical cases and theories, in the hope to make contribution to the juridical practice and theoretical research.Apart from the Introduction, the main body of this thesis consists of five parts as follows:The first part is the fundamental behavioral structure of the imposed disposal of real estate through the conclusion of three typical cases, on which ground, I define the fundamental features of the imposed disposal of real estate and put forward the key issue of this thesis-the belonging of the real estate and its application of law.The second part is the consolidation of the practical and theoretical disputes of the imposed disposal of real estate and the analysis of those disputes. Firstly, this part conclude numbers of cases and analyze its results of judgments and rulings, obtaining different judgments in the same cases, namely, invalidity, bona fide acquisition, apparent agency and unauthorized agency etc. Secondly, this part consolidate the relevant research and upon which, I conclude that the disputes focus on whose(the owner and the bona fides third party) interest should in the priority and which systems should be applied to solve the belonging of the real estate. Lastly, this part analyzes the reason for the dispute from a legislative loophole prospective.The third part focuses on the force of law of the imposed disposal of real estate contracts by referring to theory achievements of the civil law system which is represented by Germany. This part will analyze from the following three facets, firstly, the legal effects of imposed disposal of real estate contracts between the imposter and the opposite party;secondly, the legal effects of imposed disposal of real estate contracts on nominal carriers; thirdly, whether criminal contracts are absolutely invalid from the civil law perspective.The forth part is the core of the essay which probes into the application of law under the circumstance of imposed disposal of real estate. Compared with the imposed contributing to some extent to the formation of the entitled outward appearance of the imposter, the bona fides third party deserves prior protection of law for their belief based on the reasonable entitled outward appearance during the transaction with the imposter. Based on the above, the bona fide acquisition should be excluded for its inconformity with the components. Whereas agency by estoppel could be applied by analogy after reference and comparative analysis.The fifth part concentrates on the legal results of the imposed disposal of real estate, which are aimed at liability derived from the violation of the original obligations of the imposter and the real estate registration institution.Among which, the liability of the imposters include two facets-the public law and the private law, meanwhile the liability of real estate registration institution could be analyzed from constitution and form of the liability.