Legal Analysis On Actions Of Transferring Real Property With Fake Identity

In the act of impersonating another person's immovable property,the impersonator seeks personal interests,declares himself to be a true right holder and creates a false appearance of rights,sells or mortgages all other people's houses to a goodwill third person and applies for ownership change registration.This type of behavior infringes on the ownership of the real estate of the original right holder and also poses a great threat to the transaction security of the good-hearted third party.From a theoretical point of view,this issue involves the question of the effectiveness of the name imposing contract;the ownership of the immovable product rights caused by the impersonator assigning or mortgage of another person's immovable property and the issue of the liability of the registration institution.At the institutional level,the choices involving the agency system and the acquisition of real estate in good faith apply.At the value level,it is related to the conflicts of interest autonomy and trust protection,and the conflicts of interests between ownership and transaction security.Therefore,it is extremely complex.The author intends to proceed from the legal category of immoral disposition of immovable property,based on judgement cases and theoretical doctrines,and evaluates the existing three main controversial ideas one by one:the validity of the contract excludes the application of other systems,the direct application of the good faith acquisition theory,and the analogy applies to the application of the agency system,and The legal consequences of impersonation of other persons' immovable property are discussed from the legal responsibility of the public law and private law of the celebrity and the nature and form of the responsibility of the real estate registration agency.Specific to the content of the article:As for the ownership of the validity of the contract,the author believes that the principle of public-private seperation should be adhered to,and the validity of the civil contract under civil penalties should be used as the criterion for judging the validity of the contract in the civil laws and regulations.It cannot be said that the contract is suspected of illegal behavior.Article 52 of the applicable contract law.Regarding the application of the system of good faith acquisition and agency,the act of impersonating someone else's immovable property is not only different from unauthorized disposition but also different from non-authorized agent,and is an atypical case.The impersonation of immovable property does not conform to the constitutive requirements of the credibility of the real estate register.Therefore,Article 106 of the Property Law should not be applied or Article 107 of the Act should be applied analogically.To protect the trust of bona fide third parties,it is possible to apply the analogy of real estate impersonation to the representation agency system and compare and weigh the two elements of the imputability of the imposter and the reasonableness of the relative's trust.While safeguarding the security of transactions,the interests of the owner are taken into account.