Study On The Ownership Of Borrowing Other People's Names To Buy A House

With the development of economy and the acceleration of urbanization,the real estate market is becoming more and more popular.The purchase of credit limit,or hide property based on various reasons,many people choose to buy a house by borrowing the name of others to purchase and registration of real estate,but this kind of behavior have high risk,there are many legal issues involved.At present,there are no relevant laws and regulations to direct stipulation of that act,The Court dealing with such disputes have different logic of judgment,similar case have different judgment.In this thesis,Cai sue Lian borrowing name to buy a house's case,to provide some useful suggestions to solve cases like that.There are three main disputes in this case:Firstly,the nature and effect of the statement.The author thinks that the statement is prove the existence of the legal facts that the two parties do borrowing name to buy a house,the validity of the statement confirmed by borrowing name to buy a house should according to the specific situation of each case.First we should determine the nature of the subject matter by the name of housing agreement,it belongs to commercial housing or Policy-related housing;second,we need to explore the motivation and purpose of the name of the agreement of both parties.Secondly,the ownership of the real estate involving a lawsuit what uninvolve the third person.In the case of borrowing name to buy a house,there are three factors can be use to judge who is the real owner of the house.Firstly,the registranters of the realty register.Secondly,the price of housing and related taxes or decoration,property costs paid by whom.Thirdly,who is live in,using and possession the house?Third,can Wang bone fide acquisition the house involving a lawsuit.The author believes that Wang made the review obligations,the transferee housing is good,to pay a reasonable price,and for the transfer of housing registration procedures,which can be acquired in good faith housing.Wang made the house involved,as Cai loss,to practice a claim for damages,in fact this is the choice of buying house behavior risk inherent in the choice of the way,the purchase should also anticipate this risk.