The Analysis Of Legal Issues Of Registering Building Property In Other’s Name

Building property draws the attention of more and more people by its crucial role. More and more disputes of proprietary rights and the right to use make the issue of building property not only the individual matter but also affairs of livelihoods which the government and the local government have to take steps to stipulate and restraint. But people try every method to get the title and the right to use of building property at all costs, the issue of registering building property in other’s name in this paper includes. Registering building property in other’s name means the real buyer of the building borrows other’s name for some reason, and makes the building registered in the registered person’s name which is occupied and controlled by the real buyer.According to Property Law of the People’s Republic of China, the building property must be registered once someone obtained it. The registration of the building property has the effect of credibility and publicity and presuming the registered right the real right. The registered person has the legal property right of the building property, while the real buyer has the indeed property right of the building property for he/she pays the money. The legal property right and the indeed property right distinguish with each other and it is necessary to make a classification and protect the real buyer. The relationship between the real buyer and the registered person is the very precondition of the estimate of the contract between them and finally the ascription of the property right. In the process of the ascription, it is necessary to make full consideration and protection of third party in good faith. If there is no third party in good faith, the distribution of benefits of the building property between the real buyer and the registered person has to be made.The innovations of the paper are the paper involves all kinds issues referred to registering building property in other’s name systematically and roundly, including the issues which other scholars might ignore such as possessing system and positive prescription system of the registering building property in other’s name. The paper also combines the matter of newly-applied Interim Regulation on Real Estate Registration and puts up the opinions and the ascription.The paper is based on the hot issue of registering building property in other’s name and offers reasonable support of the ascription of the property right. There are four chapters. In Chapter One, it is essential to make an introduction of the definition, reasons and consequences of the issue. In Chapter Two, the legal analysis of the issue is also the key point of the paper. The registering of real estate, the bona fide acquisition system of real estate, the relationship between legal property right and indeed property right, the relationship between the real buyer and the registered person and the effect of the contract between the two are included. In Chapter Three, the ascription is the emphasis. In Chapter Four, there comes the conclusion of the paper.