Research On Protecting Real Buyer's Interest About Borrowing Name To Register House Property

Borrowing name to register house property right is that the real buyer who only use other people s name to register provides funds for the building property.The registered name is not the real buyer but other people. Borrowing name to register make the right in registration seperated from the true right. Borrowing name to register house property right make the real separate from. the registered right is shown by way of statutory publication,so it is known as the legal property right . corresponding to the legal property right is the true property right. Legal property right can not fully reflect the rich and complex relationship between property right. Recognition and protection to the true property right can soften the rigid principal of legality of right in rem,and adapt to the practical needs of economic life. way of statutory publication of property right focus on the appearance of the right. However the legal protection to the true property right focus on the fact. The system of statutory publication of property right can protect public safety of the transaction ,but it may have a negative effect: it is dangerious to damage to the security of static owership. Recognition and protection to the true property right can avoid absoluteness of statutory publication of property right, overcom the defect of "presumption validity of just right", and realize the balance between the real buyer and the third people.So, we can safeguard the fairness and justice of our whole society,achieve the goal of a harmonious society.China's "property law" in Article 19 of the objection to the registration system and the corrections system provides a reason to protect the real buyer's interest and safguard public safety of the transaction,make balance between them. Presumption of correctness the effectiveness of the registration is in order to protect the efficiency of transactions and security,by sacrificing the interests of the real buyer. By the legislative investigation of all countries about the public reliance of real estate registration,we can see that the credibility of the effectiveness of the registration of real estate isn't absolutely, we we can not say anything recorded in the register books have been real and reliable legal effect. the third people must consider not only the appearance of rights but also the deviation between the appearance with the real. According to the principle of public credibility,if the third people have substantial grounds to belive the registered property right, and obtain the property from the registered buyers by legal acts. He should have legal property rights and should be protected in the legal status. Because the market is divided into two types of transactions,that is the interests of a third party transactions involved or the interests of a third party transactions not involved. So the protection of the interests of real building buyers should be divided into two situations: the third party transactions involved or the third party transactions not involved.when there is no the third party transactions, there is also no safegarding transactions security. In this condition, It is not uncorresponding with the principles of public credibility to protect the interests of the real buyers. The measures to protection interests of the real buyer can include rone is to permit the real buyer to oppose to the registered person, another is to change the true property right to legal property right. when there is the third party transactions, The separation of real property right and legal property right arise from the internal conflict of between the real buyer and the registered person. It has nothing to do with the third person. So as a outside person , he has no obligation and no chance to know the substance of a desired property. Face to the conflict of the true buyer and the good intention third people, law can not ensure that their interests be met at the same time, legislators have to make a choice between the interests of each other. The good intention third people represents the order of the entire market transactions. If his interest can't be protected, the entire market transactions will not be able to be protected. All the main market will have no a sense of security,and lead to unnormal transactions. At this point, In the property law which take public reliance as its principle,based on the credibility of registration,the people who have registration records will be presumed to the real one in legal.If the facts have proved that the property right in registration do not exist or do exist flaws,to the third people who trusts the property right exist and has already taken the property right transactions,the law still recognizes it has the same legal effect to the real property right. The legal property right is protected in a priority status, while the original real buyer is only to claim those who damaged its own interests to bear the legal responsibility.In real life,there could be several reasons for borrowing name to register building right, and it refer to many questions of law.We can't totally deny the effectiveness of all the borrowing name contract and deny all the interest of the real buyer. We should make use of the effect of public reliance of real estate registration,dialectically.We should combined with analysis of the specific circumstances of the case ,take the specific cases and the third people s particular condition into account to protect the true obligee. The law should focus on objective facts, although the real buyer has not the form of Public Summons of registration. If the real buyer has sufficient evidence to prove the fact that buyers have a legal basis for people to decide the ownership of real estate, the right of the real buyer should be protected. At the same time, the registration process possible have some unlawful act. We should dealt this case combining specific circumstances according to the law.