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Research On Legal Issues About Borrowing Name To Register House Property

Posted on:2012-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhangFull Text:PDF
GTID:2166330335988306Subject:Law
Abstract/Summary:PDF Full Text Request
House is the place where people live. It is very important because it's related to people's survival and development. With the rapid development of China real estate, prices of house have been rising these years. The real estate is not only a necessity but also a investment. There is a large number of house property right disputes that people pay more attention to the house property right issues. Resolving these issues reasonably is helpful to keep the order of the market. Among these issues, borrowing other people's name to register house property right is a common phenomenon.Borrowing name to register house property right is the phenomenon that the real purchaser buy a commercial building but use other people's name to register the building property. In our country, people who want to be the owner of a house property have to register it. This is stipulated in China's "Urban Real Estate Administration Law" Article 59 and "Property Law" Article 9. Therefore, the real purchaser is also the people who registered under normal circumstances. However, there are also exceptions. Borrowing name to register house property right is one exception which is caused by an agreement between the real buyer and the people who registered. Because the issue of borrowing name to register house property right make the real right separate from the registered right, it has brought about a lot of house property right disputes. The purpose of this thesis is to settle this problem through the analysis of legal issues it involved.In the introduction, the author introduces the topic of the thesis by two different decided cases.In Chapter One, the author demonstrates the phenomenon of borrowing name to register house property right briefly. This chapter is divided into two parts. The first part introduces the definition of the phenomenon and its status in quo in China. Then the author lists the reasons of the phenomenon in the next part.Chapter Two is the main part of this thesis, it deeply analyzes some legal issues the phenomenon involved. This chapter is divided into four parts and each part discusses one legal issue. Firstly, discuss the China's real estate registration system and the effect of the registration. Secondly, present relationship of the legal property right and the true property right. Thirdly, introduce the principle of private autonomy. In the end, analyze the effect of the behavior which circumvent the law. Chapter Three is the conclusion of the thesis. From legal and illegal aspects, the author concludes a general result to settle the disputes of the house property right.
Keywords/Search Tags:Borrowing Name to Register, Real Estate Registration, True Property Right, Legal Property Right, Private Autonomy, Circumvent the Law
PDF Full Text Request
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