Legal Analysis Of The Issue About Borrowing Name To Purchase House Property

In the context of the rapid economic development, housing is not only the basis of the national survivals, but also a means of investment. In order to ensure the basic demands of housing, the government control the housing price from a macro, such as releasing Restriction Order, limiting the identity of housing buyers and increase the related taxes. But even so, there are parts of people would be opportunistic to borrow names to purchase housing property and promise the actual investment and the ownership of the house. In the above process, once disputes arising between the actual housing buyer and the nominal housing buyer, the property ownership could become uncertain. At the same time, the legal relationship of internal contract should be discussed between the actual housing buy and the nominal housing buyer as the origin of the legal relationship of the property. A number of legal subjects and multiple legal relationships are involved in these disputes.There is no clear legislation about the behavior of borrowing name to purchase house property in our country, while the applicable legal basis is found in the trial guidelines or other local documents. However, the attitudes about this issue are not same in different regions which leading to the consequences of “connection with different sentence” and affect the uniformity of applicable law and judicial authority seriously. In the face to the chaotic status of borrowing name to purchase house property and the complexity of the legal relationships among many subjects, the blank of the relevant legislation, the legal relationship of contracts and the legal relationship of the property ownership should be distinguished clearly and analyzed from aspects of legislation, judicial precedent and academic theory to explore the best way to solve disputes, the author think like this.There are regularly three parts in this paper. Firstly, the forms and types of the disputes will be summarized from the judicial precedent to analyze the reasons and risks of the behavior of borrowing name to purchase housing property. Secondly, the focus of this article lies in the analysis of variety of relationships in the behavior of borrowing name to purchase housing property from the different aspects of the contracts and the property ownership. In the opinion of the author, the legal relationships are divided into two parts that one is the internal relationship between the actual housing buyer and the nominal housing buyer and another one is the external relationship with the third party, such as transaction, inheritance and so on. Finally, according to the analysis to the relevant legal relationships that contracts and ownership property are involved, the author will put forward some judicial suggestions about solving such disputes about borrowing name to purchase housing property within the framework of the existing legislation in our country.The author hope clarify the legal relationships in the behavior of borrowing name to purchase housing property through the study of existing legislation, judicial cases and the theory of civil law to find out its essence. Then put forward some own opinions to solve the disputes on the basis of the analysis and communications.