Research On Legal Issues By Registered

Called by the name of registration, that is to borrow the name of others, for property registration. It stems from the need to produce people’s lives transaction, its manifestations specifically by the name of the car, by the name of the purchase, by the name of buy stocks. The reason why people registered by the name is nothing more profitable, and by celebrities and the celebrity is also registered by the contract signed by the name to achieve its own interests. That is, by celebrity and the celebrity provisions of the agreement, financed by the borrowed celebrity to buy out the name of the celebrity of the subject by the name registered, but agreed upon by by celebrity actual possession, use, income, sanctions the Property, carried out in its name only celebrity Bookings are not free to dispose of the property rights, by celebrities pay a reward is given by celebrities as compensation.By name in the registration, the legal relationship involved quite complex. On the creditor legal relationship with internal and external legal relations legal relationship of the points, the performance of the internal legal relationship by the name registered by the contract between the celebrity and the celebrity formed outside legal relationship formed between the celebrities exhibits for the sale and relative person; in the Property by the name of the legal relationship related to the registration of property rights and the fact that in the case of legal separation of property rights and property registration system in China. In judicial practice, the specific performance of the contract by the registrar to identify the effectiveness of different types, determined by the name of registering property, ownership and registration by the name of the risks and prevention. Currently, academic practitioners or will not yet registered by the name of contractual form a unified understanding, perception of their effectiveness vary. In addition, when, by celebrity and by the name of a celebrity on registering property ownership dispute, the courts of registering property ownership by the name of judgment is also different. Celebrity out there may be unauthorized mortgage, guarantee property rights to a third party disposal, so that,still involves a problem between Real celebrities, celebrity and the third person by the ownership and rights protection.Due to the nature of the registration of the contract by the name of complexity,can not be classified into a certain kind of similar legal acts, the contract should beregarded as unknown, and the registration of the contract by the name is the most similar to the agency contract, so by the name of the contract because when there is a dispute, reference should be similar to the provisions of the relevant commission contract "Contract Law" to apply them. Identified by name registration validity of the contract, not to the general by-laws or local policies as the basis recognize it as invalid and should be "Contract Law" Article 52 as a benchmark, its determination. As for the registration of property rights by the name of the home, it should be divided into involving third party and does not involve a third party in both cases be treated differently. In relation to a third party, if the third party is well-intentioned, and has received property rights(registration of transfer of real estate or personal possession of delivery), in order to protect the security of transactions should be for the purpose of protecting the legitimate rights of third parties; do not involve when the third party,should be analyzed by the name of property rights registration law and the fact that the difference between Right and contacted to guarantee the correctness of property rights as a benchmark, protection by celebrities.Borrowing name registration normally ranging between legal and illegal, the trial results by the name of registered practitioners of disputes is not the same, and therefore whether it is by a celebrity or a celebrity in the practice by the name registration, without violating the laws and regulations the next advance mandatory provisions, should enhance self-awareness of risk prevention, such as a contract in writing and agreed upon the relevant issues and dispute resolution, and keep the relevant evidence may be taken to court for future use.