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Research On The Legal Issues Of Impersonation Of Real Estate

Posted on:2020-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:S Y WangFull Text:PDF
GTID:2436330572987191Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,the imposition disposal of immovable property has gradually increased.However,there are still no clear legal provisions on such behaviors in China,which leads to a series of problems such as the legal application and rights relief,especially the application of law,academics and juridical practice,which are unable to decide which is right.This paper attempts to analyze and study the related legal issues involved in impersonation disposal of immovable property,improve the imperative system of immovable real estate behavior,strengthen the impersonation of real estate behavior regulation from the civil law level,protect legitimate rights and interests,and regulate market transaction order.This paper begins with the connotation and characteristics of imposition disposal of immovable property behavior,and analyzes the characteristics of imposition disposal of immovable property,which is different from unauthorised agency and unauthorized disposal,and the lack of legal regulation of imposition disposal of immovable property and the different judgments of the same case in judicial practice and the status quo of the academic debate.Then this paper focuses on the impersonation of immovable property in the real estate acquisition system or in the framework of the unauthorized agency system.On the one hand,it demonstrates the dilemma of real estate acquisition system due to such behavior application;on the other hand,the the feasibility of aunauthorized agency system is reasoned,and through the comparison of the reasonableness of the trust of the counterparty to the bona fide acquisitionl of the transaction and the blameworthiness of the personator,the specific analogy in different situations can be found in the agency system or the narrowly unauthorized agency system.On the basis of this,this paper analyzes the legal effect of impersonation of real estate behavior,and demonstrates that the imposition of immovable property contract for criminal offence is not of course invalid and fraudulent,and fraudulent dispositionof real estate contracts,and clarifies the responsibility of the personator and immovable property registration agencies.Finally,suggestions are proposed to improve the review and relief measures for imposition disposal of immovable property in order to reduce the occurrence of imposition disposal of immovable property and the purpose of providing relief to victims of imposition of immovable property.
Keywords/Search Tags:Imposition disposal, Bona fide acquisition, Unauthorized agency, Agency by estoppel, Relief
PDF Full Text Request
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