A Case Study On Registering The Ownership Of A House In The Name Of Another Person

House is very important in the eyes of Chinese people, along with the rise of real estateand related restrictions, banning purchase of issued housing loan registered disputes arising inmy cottage. Housing borrowed name registration behavior is refers to borrowed celebrity notmeet a species conditions or not convenient to himself of name to purchased housing Shi, andfamous people reached borrowed name agreement, to out celebrity of name purchasedhousing, borrowed celebrity handle related of purchase procedures and paid purchasepayments, borrowed celebrity on housing actual occupies and is housing of real right people,in conditions convenient transfer to borrowed celebrity Shi, famous people again will realestate transfer to borrowed celebrity of behavior. Real estate legislation of real right law ofChina essentially uses a registration mode as the main principles, except when otherwiseprovided in law, all registered immovable real right change must be in the way. That is, basedon the existing property law, in the absence of sufficient evidence to prove that misconceptionpresumption when registering on the real estate register property on behalf of people for theactual right holders are. However, in housing loan registered on behalf of the property rightsof the people with real people in a State of separation, so if immediate credibility under thepresumption of registration and registration to determine your housing loan registered, will bedetrimental to the real interests of right holders. Real estate loan registered caused manydisputes, but it has not made specific provision for such acts. Publication of real right systemis to have the property at the time of registration status under an administrative confirmationof performance, not sure of the power itself, only in the case of third person effect of publicity,no third party involved in the case, pay attention to the real protection of right holders.Paper writing of purposes is tries to through on China real right method relatedprovisions of legal parsing,, combined with the judicial practice of the right to property onbehalf of people with real human situations that are inconsistent, to seek registration of realrights in housing loan interest protection approach. This article is based on legalinterpretation, conducted through a combination of theory and case arguments, using sevenactual case analysis. In a major case for clues, further supporting documentation and an analysis using the other six, reflects a strong sense of practicality. This paper consists of fourparts, including about30,000words.The first part is a presentation of the main case, request the pleadings of the parties in acase analysis the focus of dispute according to the focus of controversy for the following loanagreement, house buying a House prepared discussion of property ownership. In the analysisthe Court ruling triggered thoughts, questions lead to below.Background of the second part borrowed from the housing register and borrow to buy ahouse protocol definition, to analyse borrowing to buy a house the nature and effect of theagreement. From a borrowed name differentiating protocols and similar concepts, includingthe agent acts, the trustee acts, delegated acts comparative summary of loan to buy a housethe characteristics and nature of the agreement, defines the concept of borrowing to buy aHouse agreement. In academia, to borrow to buy a house the nature and effect of theagreement have different points of view, in the negative and affirmed to the vantage point of,then gives his own conclusions. On the basis of General provisions on validity of civil acts offurther borrowing to buy a house the validity of an agreement. According to the reason ofborrowing to buy a House deal differently. Borrowing to buy a House not compulsoryprovisions of protocol violations, malicious collusion does not exist under such circumstances,borrowing to buy a House deal should be valid. In case of violation of mandatory provisionsof the country through the purchase agreement void agreements.Part of the property law of the9th and16th of the real estate registration rules, one cantake registration, registered with the registration has the presumption of strength andcredibility. But the nature of registration administrative review of rather than administrativepower, so when the registration of real rights holder has sufficient evidence is wrong, you canapply for registration or correction of registration, to protect their rights. Based on borrowingto buy a house analysis of the effectiveness of distinction, under the loan agreement is invalid,borrowed celebrity acquire building ownership attribution. In the case of loan agreement, andalso to distinguish between whether the third person is involved. Presumption of registrationwas mainly expressed in cases involving bona fide third parties, protection to bona fide thirdparty trust interests to make the actual right holders cannot be registered because of an error to claim that third party to return the originals can only bear the negative consequences ofloss of property. But in the case does not involve a third party, when the borrowing to buy aHouse is valid through celebrity will acquire building ownership. Contact analysis in thepresent case and the effectiveness of borrowing to buy a House, property ownership and otherissues.Part four is about the housing loan registered legal issues related to the analysis. Withrespect to the present case in the real estate register cases of disagreement, is it possible to filethe civil suit question, also relates to the loan contract, the effectiveness of real estate loanregistered, as well as legislative and judicial suggestions about real estate loan registered.Reality life in the because borrowed name buy room occurred of causes different, legaland no on real estate borrowed name registration made clear of provides, needs legislationand judicial multifaceted of made perfect, cannot simple of according to real estate ofregistration effectiveness to denied borrowed celebrity of interests, so should dialectical oftreats real estate of registration system public letter effectiveness, this case using classic caseto analysis, and combines third people of unique situation on facts real right people forprotection. Real estate loan registered under this risk, we recommend that buyers seriously.