About Buying A House With Other People's Name Legal Problems In The Research

House as necessities of life and exclusive investment, it plays a very important role in people's life. Especially in recent years,in view of the speculation in the property market overheating parts, the central and convenient for the related policy restricting the use of housing in the housing market for effective control. Part real buyers covet preferential, avoid legal policy and so on all sorts of reasons and borrow the name of others and to buy houses, and complete the registration, the phenomenon is increasingly common in our daily life, but the actual buyers will often have the unexpected situation is like each other after the event is not acknowledged borrow,because of our country law is not to borrow to buy a house registration behavior to give clear rules, so the parties due to borrow name to buy a house a dispute in the court, is each said, solution tricky. The author in writing will be a classic case of using comprehensive analysis method through judicial practice leads to paper the core theme of borrow to buy a house, and part of the child will be substitution respectively in each chapter, through case leads to discussion of legal issues, after the discussion,the conclusion again return in case to support the legitimacy of the verdict cases,achieve the combination of theory and practice. In related to borrow to buy a house at the same time theoretical issues (such as: borrow to buy a house agreement the nature and effectiveness) chapters, such as using the method of comparative analysis, after practice and academic circles each words, through the comparative analysis and form my own point of view. Set five chapters in this dissertation, the body of the main content is, the first chapter the introduction of the typical case for borrow to buy a house, between the parties in the process of borrowing name to buy a house through the dispute question points to focus, to draw out the effectiveness of the article such as borrow name to buy a house after agreement, and discuss the problems of the housing ownership. The second chapter, the nature of the agreement for borrow name to buy a house, in our country, because the law does not about borrow name buy agreement stipulates that the behavior and readily with similar legal concepts such as gift, agency,trust, the trustee-trader, entrust confused, so this chapter focuses on comparing the loan agreement with these similarities and differences of legal concepts, in the process of comparing analyses by the characteristics of the housing agreement, namely by buying behavior is based on the name of the person that buy a house and the actual investor's trust,both close to the agency appointment contract,therefore,by analogy apply to entrust the relevant provisions of the contract. Third chapter for borrow to buy a house effect problem of the agreement, the agreement valid or invalid shall not be from general to conclude that, according to the nature to analyze the effect of the building, when borrow name when buying a house for the properties of ordinary commercial housing, borrow agreement generally effective, when borrowing of the nature of the buying homes for affordable housing, borrow agreement is valid or invalid also exist, must from the cause of the client to borrow to buy a house at the same time, combining with the contract law the provisions of article 52 contained profound legal theory to specific analysis. The fourth chapter for borrow name registration of the legal issues involved, presumption in definite our country real estate registration system and its effectiveness, on the basis of given name borrow to buy a house this special behavior that should not be absolute understanding of the real estate registration constructive force, at the same time, it should not ignore the law and the fact that the real right of real right. Fifth chapter to borrow to buy a house in the building belong to determine, on the ownership of the involved houses, the validity of the agreement should be based on the borrow name and whether there is a third person to join by name to buy a house to determine legal relations point of view,when borrow name agreement is invalid, the actual investor cannot obtain the ownership of the house, when the agreement is effective, if not the third person join the relationship that buy a house, the actual investor can obtain the ownership of the house, on the other hand, in good faith, the third person to obtain the ownership of the house.