Research On How To Apply The Law Correctly In"Using The Name Of Others To Buy A House" Cases

Housing, relating to the country, the economic and social coordinated development, is vital to people’s livelihood. So the disputes caused by the housing problem are also not allowed to ignore."Using the name of others to buy a house" is not a new word which is appearing now. But with the rising of housing price, government usually make a lot of control policies. The phenomenon of using the name of others to buy a house is becoming increasingly fierce. The dispute of affirming rights, housing sales contracts, returning the original item, damage compensation which aroused by the potential risk are continuously appealed to the court. It has become the focus of the society.In judicial practice, the cases of using the name of others to buy a house exposed a lot of trial difficulties. It was mainly showed as the difficulty of judge ruled the facts. District court didn’t have a universally accepted standard and train of thought when judged such disputes. Lawmakers also failed to form a clear guidance. It made a confusion to judge on how to apply the law correctly. So the trial results were not identical, which would influence the judicial authority.Aiming at this problem, the author tries to analysis from the perspective of the contract law and property law. In the first part of this article, it discusses the judge’s judicial position in the cases of using the name of others to buy a house, it reveals the current outstanding problems that exists in the judicial practice.The second part focuses on the theoretical analysis of legal behavior and legal relations in using the name of others to buy a house. From the interpretation of characteristics of using the name of others to buy a house, to point out the significance of distinguish the relationship of creditor’s rights and property rights and analysis creditor’s rights and property rights involved in the cases, then obtains the conclusion that the contract of using the name of others to buy a house should execute reference the entrust contract in contract law and it is unfavorable to view such cases as ownership disputes in trial.In the third part of this paper, the author provides some treatment scheme about the cases of using the name of others to buy a house. It emphasizes the necessary of unified judicial standard. Judges should apply the law correctly on the basis of specifying with the relationship of creditor’s rights and property rights. It should realize the balance of interests between the parties and achieve good unification of legal effect and social effect when following and maintain the housing purchase restriction policy of country.