Research On The Rules Of Judgement Of The Ownership Of Houses Bought In The Name Of Others

Borrowing name to purchase a house is a kind of behavior that the actual investor makes an appointment with the registered nominal person about using this person's name to buy a house when he does not meet certain qualifications or inconvenient to buying a house in the name of himself. In this situation, the house is under the name of the nominal person but the right of using it is belonged to the actual investor. The ownership change form of purchased house in borrowing name does not conform to the requested form by "Property Law", which causes the non-consistent form between the property owner in legal dimension and the property owner in actual level, giving rise to lots of dispute. What's more, clear rules for such dispute processing does not be provided by law, which causes great confusion to judges in application of law, leading to a chaotic pattern of judgment, affecting the authority and justice of indicatory. Basing on this kind of circumstance, this paper explores the root cause of problem from practice, taking the typical cases in adjudicative document as the samples of empirical analysis. From the clause of action, judgment stance and judging solutions, this paper analyzed the present situation of judgment, the actual and 'must-be" state of housing ownership validation rules in borrowing name. From the point of action validity of buying behavior in borrowing name, this paper further explores the internal and external legal relations involved in this behavior. On the basis of this point, this paper probes into the rule-building of purchasing behavior to promote the establishment of unified ownership validation rules.