Research On The Effect Of The Behavior Of Using Others’ Name To Buy House Property

Recently, the real estate industry has developed, the market of the real estate has become increasingly active, and the activities of the housing transaction have been frequent. The ownership of the housing property, as a hot issue of the society, has earned a lot of attention. With the dramatically rising of the housing prices, the government promulgated a series of notifications and implementing rules, such as " Notice of the State Council on Firmly Curbing the Surging Housing Prices in Certain Cities ". At the same time, in order to solve the basic habitation issues of the low-income families, the government introduced the policy of the commercial houses with the nature of safeguard, such as the affordable housing, the limited housing. So the problem of the housing registration using others’ names, has come into being.Housing registration of using others’ names, refers to the people who actually purchases house, use someone else’s name to purchase house, and the ownership of the house is registered in the name of others. The one who actually purchases house is called the actual homebuyer, and the housing registration obligee is called the register. In this paper, the writer will point out the basic issues, such as the purpose for the housing registration of using others’ names and types, and in-depth analysis all the legal issues involved in housing registration. And through the early accumulation of the theory, this paper will analysis the ownership of the house.The introduction mainly through a case, defines the housing registration act of using others’ names, and points out the problems of judicial practice about the housing registration case of using others’ names.The first chapter mainly introduces the meaning of the housing registration act of using others’ names, and analysis the purpose and the types of the housing registration of using others’ names.The second chapter mainly discusses the legal problems of housing registration of using others’ names, including the system of the registration of the real estate, and the principle of autonomy. The first section discusses the system of the registration of the real estate and the validity of presumption of the accuracy of the rights. The second section discusses the principle of autonomy, and the problem of whether the act of housing registration of using others’ names is in violation of the principle of autonomy.The third chapter mainly analysis the legal validity of the contract of the housing registration of using others’ names, including the external contract and the internal contract.The fourth chapter discusses the housing ownership under the different condition. This article mainly analysis the ownership of the housing from the different aspects of the legal situation. The legal situation involves the situation of the interest of relating to the third people, and not involving the interest of the third people.