The Case Analysis On Bai Yulan Sued For The Confirmation Of The House Ownership

With the rapid development of China’s real estate market,the price of housing is also growth crazy,and nowadays,the high price has became an heavy burden for ordinary citizens.Due to the rising of housing price,civil disputes triggered by housing are increasing in social life,especially the housing property rights disputes and housing transactions and disputes increased significantly.Housing is the basic life-support and important property rights and interests to citizens.To maintain the Citizens’ rights and ensure the stability and order of economic society,the correct and timely solution to real estate disputes has important realistic significanceIn The Property Law of the People’s Republic of China,the change of real property right has to be registered to be effective.However,there are so many changes of real estate property rights without registration for variety reasons in the social life,that is,a lot of real estate real rights existent are not the same with the registration status in law.As the development of society and to remedy the deficiency of the law,in the explanation of The Property Law,the actual rights owner shall overthrow the effect of real estate registration with evidences.but there were no clearly provisions on what “actual rights holder”is and the judgment rules available to actual rights owner in judicial practice.In this paper,I made detailed analysis about the confirmation of ownership of Housing of Bai Yulan,which is typical case in these civil disputes,with the focus on how to define the property of the father purchased the house with his son’s name,weather the housing purchasing and the claim about the confirmation on the ownership of the house by Bai Yulan were legal.On the basis of the detailed analysis on the problems,I hope the opinions can contribute to solve the problems and make up the deficiency of law enumerated above.