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A Study On The Legal Problems Of Borrowing The Name Of Others To Buy A House

Posted on:2019-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y H RenFull Text:PDF
GTID:2346330566959106Subject:Civil and Commercial Law
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In recent years,the real estate market has been extremely active,and housing prices have also risen.As a result,disputes have also increased.There will be more than 600 cases in the Chinese judges 'online search for homes under the name of these keywords,but there is no clear legal basis for the judge's trial of the case,and there is even no unified guidance.Most of the judgments are based on the judges 'own understanding of the case.Therefore,in judicial practice,there is often a phenomenon of different judgments in the same case.This greatly undermines the fairness and fairness of the law and makes such cases even more complicated.Courts in various places do not have uniform decisions after encountering such problems.The reason is that different judges have different value judgments on the case and the balance of interests is inconsistent.A large number of cases investigated online in the referee's documents confirmed that most of the courts 'disputes over the registration of house names are based on the registration of property rights and the validity of loan agreements.The paper also takes this as the focus to clarify the solution of the house buyer.The name of the house buyer is our common name in judicial practice.The essence of the name buyer is the name registration,because as long as the registration of this act is completed,the change in property rights will occur.This is also the ultimate purpose of the celebrity.Because borrowing behavior generally occurs between relatives and friends,that is,people who trust and are familiar with each other,celebrities are very trusting to celebrities,because the amount of houses purchased is huge,and they are generally very cautious.However,in recent years,housing prices have skyrocketed.Under the temptation of money,celebrities will deny the name of the buyer.Both parties can not privately mediate and most of them sue the court.In some cases,the court has measured the act of registration by name on the basis of the effect of the debit agreement,that is,invalid or valid.In the field of civil law,the law is not explicitly prohibited,so when the court considers the loan agreement valid,it will decide that the ownership of the house belongs to the borrower.In addition,some courts have absolute presumption of the registration of housing property rights,and have directly ruled that the ownership of housing property rights is based on the registration book.The author believes that this kind of situation will greatly damage the principle of fairness and justice in civil law.Therefore,the author holds a negative attitude towards this kind of judgment basis.The ownership ofhouse ownership is classified with the effect of loan agreement by denying the presumption power of house property registration.When the loan agreement is invalid,the ownership of the house is owned by a celebrity.However,because the investor is a celebrity,the celebrity must compensate the borrower.When the loan agreement is valid,it is distinguished by whether it involves a third person.When it involves a third person,because the contract is valid,although the property right of the house is registered in the name of the issuer,it is still not entitled to punishment,and it is distinguished according to the determination criteria obtained in good faith.The ownership of the house belongs to the third party when it is obtained in good faith.
Keywords/Search Tags:Borrowing names to registration, Borrowing names to sign an agreement, Validity of contract, The property ownership, Real estate registration
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