The Application Of Law On Impersonal Disposal Of Real Estate

Impersonal disposal is not a legal concept.In practice,it is mainly manifested in the behavior of non-owners disposing of the owner’s property in the name of the owner.According to the different objects of disposition,impostor disposition can be divided into impostor movable property and impostor immovable property.For the case of impersonating movable property,it can be dealt with by applying the bona fide acquisition system,but there are often great disputes about the application of law in the case of impersonating real property.Cases of impersonating real estate are not uncommon in judicial practice.They often involve multiple parties,various means of impersonation,and the value of the subject matter is usually high.Since the discussion on the legal application of real estate in the field of civil law started,there are different views on this issue,and there is no agreement.However,the mainstream views are one to apply the bona fide acquisition system and the other to apply the unauthorized agency system.The core of this article is the unauthorized agency system and the bona fide acquisition system.It is divided into four chapters to analyze issues related to the legal application of impostor real estate.The first chapter mainly sorts out the judicial precedents and theoretical controversies of impersonating real estate,summarizes the specific characteristics of impersonating real estate cases from the currently publicly retrieved cases,and sorts out the different views and theories of scholars on this issue,so as to provide impersonation The non-legal concept of disposing of real estate provides a comprehensive perspective.The second chapter mainly analyzes the dilemma of applying the bona fide acquisition system.First of all,this article analyzes the constitutional requirements and applicable premise of the real estate bona fide acquisition system and compares it with the impersonation of real estate,and finds that there is a big difference between the two.In addition,the real estate sales contract under impersonation should be interpreted as being established between the impostor and the counterpart,not between the impostor and the counterpart,and there is no room for the bona fide acquisition system to apply.Finally,this paper demonstrates that if the bona fide acquisition system is applied in the impersonation of real estate,it is inconsistent with its own normative purpose.The third chapter further demonstrates the rationality of applying the non-authorized agency system.This article first clarifies that impersonation punishment is different from bona fide acquisition and unauthorized agency,and that it should be a legal loophole when the impostor refuses to ratify it,which needs to be filled from the perspective of analogy.Since the core of the application of analogy lies in the judgment of similarity,this article makes a comprehensive comparison between impersonation punishment and unauthorized agency,including factual factors,structural relationships,value pursuit,and interest measurement,and draws the conclusion that the two are similar.It can be applied by analogy,but a specific distinction should be made between non-authorized agency in the narrow sense of analogy and apparent agency.The fourth chapter is to analyze the specific legal effects of analogous application of non-authorized agency in the case of impersonating real estate,such as the change of real estate rights,the right of ratification of the impostor,the right of revocation before ratification,and so on.And in this part,it is proposed that the imputability of the impostor should be established as the core standard,and the application of apparent agency and narrowly defined unauthorized agency should be accurately distinguished.At the same time,it analyzes the effectiveness of re-disposition after impersonation and the responsibility that the registration agency should bear.Re-disposition can be dealt with by applying the bona fide acquisition system.The impersonated person may also request the real estate registration agency to bear the liability for damages depending on the specific circumstances.