An Empirical Study On The Civil Law Effectiveness Of Disposal Of Real Estate By False Name

At present,there are differences on the effect of private law on impostor disposal of immovable property.In the early stage,most scholars believe that impostor disposal of immovable property should be directly applied to bona fide acquisition system.However,with the advance of research,more and more scholars began to question the previous views and put forward new theories,such as analogy for bona fide acquisition and analogy for unauthorized agency.However,it is not only in the theoretical circle that the effects of impostor disposal of real estate in private law are determined.According to the judgment results of such cases in recent years,there is a problem in this issue too.Therefore,this paper mainly adopts the empirical research method to analyze and summarize a large number of cases,and finds out the reasons for the differences in judgment that affect the imprecations to dispose of real estate cases according to the results of empirical analysis.This paper analyzes the factors that influence the effect of private law in judging impostor disposal of real estate cases in practice,including the differences in the basis of judgment,the special legal relationship between the parties,and the identification criteria of goodwill.And focus on solving the problem of academic and practical community,namely the legal effect of imposter action.The main reason for the disagreement lies in the particularity of impostor disposition.Although impostor disposition is the disposition of real estate without the permission of the celebrity,which is consistent with the right to dispose,it cannot be considered that such cases can be directly applied to the bona fide acquisition system.According to the above analysis,in dealing with impostor disposal of immovable property cases,there is a lack of direct applicable legal provisions.It indicates that there are certain legal loopholes here,which need to be filled by analogy.Since the impostor disposition and unauthorized agency have very high similarity in the structure of legal relationship,and basically meet the conditions of analogy application,so in theory impostor disposition of real estate can be applied by analogy to unauthorized agency system.According to the preliminary results of the empirical analysis,there are some special cases in practice that will have a certain impact on the effect of the private law of this kind of cases.Therefore,to accurately determine the effect of private law on impostor disposition of real estate cases,it is necessary notonly to correctly apply the law,but also to carry out specific analysis in combination with specific cases.