The Dispose Of Immovable Property With Fake Identity Does Not Apply To Bona Fide Acquisition

In today's society,the Cases of dispose of immovable property with fake identity are increasing,there is a big disagreement from the theory and practice that whether the ownership belongs to the3 rd person of goodwill or the owner.The law is not comprehensive on this issue.The court made a different judgment on similar cases.Through the comparative study,the analysis of law and economics,the method of normative interpretation,I analyzes the question that whether the dispose of immovable property with Fake Identity apply to bona fide acquisition.Usually,There are four constituent elements of the dispose of immovable property with Fake Identity: the behavior of Impersonating other person,the behavior of dispose of immovable property,the3 rd person of goodwill has paid a reasonable amount of money,the transfer of ownership has been completed.There are the following views on this subject:(1)apply the unauthorized agency system.(2)Apply the unauthorized disposition system.(3)unauthorized agency or unauthorized disposition.(4)neither unauthorized agency or unauthorized disposition.Notification of material right should produce influence of public credit in order to protect trade safety and interests of the3 rd person of goodwill.I discusses the nature and effect of obtaining real right in good faith,including the views of scholars of different countries and areas and my views.I show differentscholars' views from Germany,Taiwan China and China,and I analysis every scholar's view.And I analysis the validity of the house-selling contract,whether the third party acting in good faith can obtain the house or not,and how to protect the third party acting in good faith.Ailso i show the key components of obtaining real right in good faith depend on real estate,and give some suggestions about the register system.I analysis the necessary of formulating the different key components of obtaining real right in good faith depend on real estate or personal estate.