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Study On Legal Quesitions Of Borrowing Name To Buy A House

Posted on:2018-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:B HaoFull Text:PDF
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Housing prices continue to rise,people are very concerned about the issue of housing property rights,housing disputes are also emerging,affecting the stability of society,only through legal channels to effectively resolve the dispute,but the legal development is usually lagging behind,China’s existing law,and did not borrow the name of the phenomenon of buying a house,the courts around the case of such disputes,according to different legal provisions of the referee,it is easy to occur with the same case of the phenomenon,the main reason is faraday.There is a difference in the value of the case,and the balance of interest is different.This article on the name of the problem of buying a house in-depth discussion.The court on the name of the contract to buy the property and the effectiveness of different,in which the reasons for the failure of the contract is also different opinions.Some courts in the verdict only to borrow the name of the contract to buy a house is invalid,but not the reasons for the irrational reason analysis.Different views lead to different cases with the same sentence.Correctly understand the validity of the contract to buy a house,to clarify the attribution of property rights,to solve the borrower to buy a house and the various types of disputes,which is conducive to the protection of the real rights of housing,maintenance of transaction security and transaction order.This chapter is divided into four chapters,the first chapter is mainly to borrow three classic case of borrowing the name of the case to buy a house,led to borrow the name of the case of the controversial focus of the problem;the second chapter to explain the basic legal issues involved in buying a house,Buy the meaning of the house,summed up the name of the common reasons to buy a house: one is to circumvent the law or policy,the second is to transfer or hide property,the third is to simplify procedures to avoid taxes.The third chapter deals with the nature and effectiveness of the contract.Borrow the name of the contract to buy a house,should belong to the scope of nameless contracts,similar to the commission contract,the borrower to buy a house contract effect,should not be generalized,should be based on the nature of housing and borrow the name of the specific analysis of the effectiveness of the purchase contract.For the identification of borrowing money to buy affordablehousing,the reasons for the invalid,the policy documents can be used as a basis for the determination of the contract invalid analysis,and some borrowed money to buy affordable housing cases to the court,the court should determine the seller contract invalid.The reason for such a judgment shall be governed by the provisions of article52(4)of the Contract Law,when the applicable local regulations or departmental regulations are invalidated,the local regulations or departmental rules shall be included in paragraph(4)"to damage the public interest " and to be cited.The fourth chapter mainly discusses the housing ownership in the case of housing ownership.To distinguish between the borrower to buy a house contract is invalid and effective to identify,when the borrower to buy a house contract is invalid,the parties on the housing property rights between the agreement since the beginning of no effect,by the contract by the contract agreed to obtain the possession of the use of housing And other rights should be returned to the celebrity-owned,nor does it exist in accordance with the terms of the contract to buy a contract to request a celebrity for the transfer of registration of the possibility of registration by the loss of property rights of the house;valid,the distinction is related to the third people,according to the real estate registration and its presumption theory,legal real right and factual property theory to carry out the ownership of housing.The last part draws the conclusion of this case,the case of a Liu Jinli that Lu Shijun is not Beijing household registration,borrow the name of others to buy affordable housing,this behavior itself is illegal,although the signing of a legal payment agreement.Its essence is to cover up the illegal purpose,so the contract should be considered invalid.This reason is not correct,the case of the two court that Sun and Li two people with malicious string of acts,the purpose is to violate the national collective or third party interests,so the two contracts are invalid.This reason lacks of persuasion.As for case three,according to the legal real right is not absolutely protected,in certain circumstances,the fact that real rights can confront legal property rights.So we should protect the rights of Ding.
Keywords/Search Tags:Borrow a Name to Buy Houses, Validity of Contract, Registration of Real Estate, Peoperty Ownership
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