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现实生活中,冒用他人名义来处分他人不动产的行为确有发生,即冒名处分不动产。我国并没有制定法律条文来具体明确规定冒名处分行为适用的具体法律制度,故冒名处分的法律适用问题在学术界早已引起热烈的讨论,学者们各执己见,但一直未得出统一结论,甚至在审判时,也会出现同案异判的情况。冒名处分行为既与不动产善意取得制度中的“无权处分”不同,也与无权代理行为有异。在冒名处分行为中,为平衡原所有权人的权益和善意第三人的权利,以及保护交易活动的安全和稳定,笔者认为可以类推适用无权代理和表见代理制度。
In real life, fraudulent use of others’ names to punish other people’s real estate does happen. China has not formulated any legal provisions to specify the specific legal system applicable to impostors. Therefore, the issue of the legal application of impostors has long been heatedly debated in academia. Scholars have persisted in their dissenting views but have not yet reached a unified conclusion. In the trial, there will be the same case of sub-judgments. Imposition of sanctions not only with the real estate bona fide acquisition system “no right to dispose ” is different, but also with the behavior of unauthorized agents are different. In the act of imposing sanctions, in order to balance the rights and interests of the original owner and the third party, as well as to protect the security and stability of the transaction, the author believes that the system of the right to use agent and the agent of representation can be analogized.