Research On The Legal Issues Of The Contract Named "Using The Name Of Others To Buy A House"

With the new policy of the real estate macro-control policy, the phenomenon of using the name of others to buy a house is appearing gradually. The two parties agree that dormant buyer purchases and registers the house under the name of the undisclosed principal, while he is paying actual financial contribution and enjoying income beneficiary. This particular contract is controversial because of the legal deficiency and lack of theoretical research. This paper is based on the existing theory and judicial practice, distinguish contract signing from contract performance, it aims to explore the legal effect of "Using the name of others to buy a house" contract.In this paper, the first part and second part raise the questions. The introduction part introduces the background and the necessity of research, and the subject matter of contract is mainly limited to the commercial residential building. The second part discusses the legal confusion of the cases in juridical practice and reach the conclusion that the nature of the contract is not the same, the factors affecting contract is various, different cognition of the effect of real estate registration, the ascription of the proprietorship of the house is not clear.The third part, the fourth part and the fifth part in this paper is based on "the development course of contract life," specific analysis and the corresponding solutions are used to deal with the turning out problems. Firstly, the third part of the contract start from the signature of contracts, after summarizing theories, conclusion is that the "Using the name of others to buy a house" contract can be classified in the commission contract and innominate contract, and then analyzes the content of contract. On this basis, according to specific provisions of the "Contract Law", the contract is valid in principle and invalid in exception can be deducted. Secondly, the fourth part do the further research on the legal effect of the performance of the contract. The whole process is divided into three stages:sign the housing sales contracts, the registration of the house ownership under the name of undisclosed principal, the registration of the house ownership under the name of the dormant buyer. Determining the legal relationship and legal effect, discussing the irregularities of performance to the question. In the next fifth part, these elements are analyzing the attribution of the property right and use the methods to settle the controversy. The effectiveness of the disposition, the undisclosed principal’s rights relief and the protection of the third party should be taken into account with other person’s behavior intervention.The conclusion of this article review the core elements and points out the significance of this paper:Using the method of legal interpretation of law theory to relieve the parties in the contract and realize the contract purpose.