| In recent years,a class of non-owners in the name of others to sell other people’s houses or mortgage to the good faith counterparts of the case,these non-owners some use forged,steal other people’s ID card and housing property rights certificate;Some fasten for with relative or husband and wife intimate relation,got its ID card and certificate of building property right below the case that is not guarded in true right holder,also cheated the staff member that registers a branch at the same time,dealt with building property right to move to register or mortgage to register.For most people,the house is the collection of lifelong property and debt,and it is the goal of their whole life.Such a situation will face huge hidden dangers for the true right holder,while for the bona fide third party,there will also be huge risks in the transaction.What should apply and impersonate dispose of real property law,how to take into account the security and stability of transaction and the interests of the owner,at present our country law,there is no specific provision,court on the issue in the judicial practice,also different sentenced to connection with the case also common occurance,the theoretical circle on the issue also has a number of different theory point of view,therefore,the author,on the basis of studying the former people through the case analysis method,comparison research method,legislative purpose,to impersonate disciplinary system of real estate act does not apply in good,but can be on a detailed analysis for unauthorized agency system.First of all,this article in the first part through to impersonate disciplinary case analysis of a large number of real estate in recent years,summarized four types of relatively typical fraudster dispose real estate case,and the types of cases in the judicial practice,this paper compares and analyzes leads to impersonate dispose real estate cases generated controversy,and aimed at these problems,on the theory in the theoretical circle.It simply shows that the author does not agree with the bona fide acquisition theory,but more agrees with the application of analogy to the unauthorized agency theory.Then in the second part of this paper thisthe disposition connotation,nature,and behavior characteristics of real estate are analyzed,the focus from the components of the system of real property in good and impersonate disposition,comparing the characteristics of the find both exist large differences,and from the legislative purpose of good faith system,the social effects of the trust protection system,and the original intention of establishing the real estate registration system in our country and so on proves the irrationality of applying the bona fide acquisition system to the impersonation disposal of real estate.In addition,the third part of this paper explains the theoretical basis of laws and regulations applied by analogy to impersonation of real estate behavior,and compares it with the system of unauthorized agency in the special sense and the system of apparent agency in the system of unauthorized agency,and concludes the rationality of impersonation punishment behavior applying the system of unauthorized agency by analogy.Finally,this paper concluded that pseudonymous dispose of property behavior on applicable legal effect of unauthorized agency system,narrow unauthorized agency,if apply the pseudonymous signed contract is a contract with pending validity,the real right holder has right of ratification,if the analogy is used,the agency by estoppels system contract for the holder of the real effective,it shall bear corresponding responsibility for the performance of a contract,and is involved in the process of the real estate registration authority negligence liability simple instructions. |
