| With the development of social economy,a lot of impersonation behaviors appear,such as impersonating school,collecting express by impersonation,registering with other people’s identity card in Internet bar,disposing others’ property under false name,and so on.Among the many acts of impersonation,the most controversial one is the disposition of impersonation of immovable property.Impostors obtain property certificates,identity cards,and other documents by illegal means.Impersonating the impostor selling or mortgaging the house to a third party and deceiving the housing registration office and completing the change registration to obtain illegal benefits.The disposition of impersonation of immovable property not only damages the real right of the impostor,but also damages the information of the transaction,at the same time,it also gives the third.People bring huge transaction risks and costs.The law of our country has not regulated this behavior,but the academic circles have been discussing this problem for a long time,the scholars at home and abroad strive to solve this kind of problem within the existing legal framework.There are two main points of view:some scholars believe that impersonation of real estate should be regarded as unauthorized disposition and advocate the direct application of bona fide acquisition or the application of bona fide acquisition system by analogy.Another part of scholars believe that real estate impersonation should be regarded as unauthorized agency behavior,and claim that it can be applied by analogy in the category of unauthorized agency system.This article focuses on the current trial practice in the focus of controversy,layer by layer.The first part introduces the general situation of real estate impersonation disposition,the classification of impersonation behavior and the application of the law in our country.The second part analyzes the foreign jurists’ research on the validity of the contract and the standard of the contract and the legal effect.The third part analyzes the legal norms which should be applied to the disposition of impersonation of immovable property by analogy.It mainly involves three aspects,including the applicable reasons of excluding bona fide acquisition,the theoretical analysis of the analogous application of unauthorized agent,and the impersonation of immovable property.Branches are specific to legal norms.The fourth part clarifies the nature of civil liability of impostor and real estate registration institution,the way of liability distribution and the form of liability bearing. |
