Research On Transferring Real Property By Bogus Owner

The issue of transferring real property by bogus owner is not a newly-born problem,and a typical picture in this case is that one person completes sales and mortgage of houses with certain third party by pretending to be the actual house owner or co-owner.For the reason that in such case such person is not on behalf of the actual owner or co-owner but to assure the third party that he/she does have ownership of houses at issue,courts and the academic have reached consensus on the applicability of proxy or agency by estoppels.But whether it is appropriate to apply Bona Fide Acquisition provided in Article 106 of Property Law or not is still under discussion.It is noticeable that the precondition of applying Bona Fide Acquisition provided in Article 106 of Property Law is unauthorized disposition through analysis on the background of development of Bona Fide Acquisition.Specifically for such case relevant with real estate,it is that mistakes in the real property register lead the third party to believe that such person registered in the real property register is the actual owner and thus to complete transactions with that person.However,in the case of transferring real property by bogus owner there does not exist mistakes in the real property register and the third party’s completion of transactions is not based on the content of the real property register as well.Therefore,there is of no applicability in such cases.The question is how such kind of cases is resolved is more appropriate? What should be emphasized is that,the nature of such cases is the conflict of interests of the actual owner or co-owner and the third party,therefore the final conclusion should be just a result of balance of interests which is not absolutely right or wrong.Under the consumption of “which one is better”,the conclusion is that the interests of third party deserves to be protected,however,it is enough to give protection to third party by ratification of sales or mortgage contracts.Foe the actual owner or co-owner of real property,he or she still have the ownership.