Research On Legal Issues Of Borrowing A Name To Buy Houses

with the continuous development of society, the price of houses has continued to rise, as a result, to buy a house as an investment becomes more and more popular in people’s life, and they pay more attention to property rights of the house. But at the same time, many disputes caused by the building property right also emerge in endlessly, which needs we to use the law to solve. But the law often can’t keep up with the speed of social development, to a lot of problems, there is no specific provision in the law, which is a legal gap, so that such problems around the court after the referee is not unified. The reason is that different judges have different value judgments and key points of the case. To buy a house in other’s name in this article is one of this cases, in order to solve those disputes, maintain transaction security and order, it is very necessary to study on this question.Borrowing a name to buy houses is to buy a house at their own expense, but the registration of the building is in someone else’s name. In fact, the former is the actual buyer, is really the right holder of the building, have no right to be known by the public; The name registration, the latter is in the name of the house property right, has the right to legal appearance, can understand the state and change of rights by a third person. So there was a problem, the house property right has be separated, real right of fact and real right of law, when the two kinds of rights is in conflict situations, which property should be protect first and whether it involves the interests of a third person? This is the problem to be solved by this article, and also the essence part of this article.This paper is divided into four parts. The first part mainly discusses the meaning of borrowing a name to buy houses, the main difference with the false purchase. Besides, it also analyzes five reasons of borrowing a name to buy houses, and discusses fou r kinds of potential risk. The second part involves the effect issue of the behavior abou t borrowing a name to buy houses, including the nature of contract which called non-n ame contract. However, it is most similar to the commission contract. The effectivenes s of the contract that borrowing a name to buy houses is divided into two cases: efficie nt and inefficient. In general, if the contract of borrowing a name to buy houses does not violate mandatory provisions of laws and regulations, does not harm the interests of the social public, it is an effective contract. To the opposite, invalid name borrowin g housing contracts seriously break the law and the policy. The third part is the most i mportant. It mainly discusses the relationship between the person who boroowed nam e and the person who was boroowed name. And it analyzes the people who enjoy the r ights of actual purchase but registered in the name of people enjoy the legal rights. W hich solves the problem of property ownership between the person who boroows nam e and the person who is boroowed name. The fourth part focues on the relationship be tween the person who borrowed name and the third person who was borrowed name i n buying a house. It puts put forward the measures of protecting the legal rights and in terests of bona fide third party.