Research On Legal Issues Of Housing Registration

House property is certainly most fundamental for the life of most Chinese people,laying a foundation for living and work.The ownership of house property closely relates to the stability of the social grass roots as well as sound development of the economy and society.With rapid development in economic level,the land system and housing registration system of our country develop from taking shape to perfected.The complete legal system,in turn,promotes the long-term development of economy and society.In recent years,the real estate market is highly flourished.A house property serves as the necessity for life and the means for investment.The competent authorities have released relevant restriction policies for purchasing houses to cool the overheated real estate market,such as buying qualification,loan approval and tax policy.The updating policies spawned a phenomenon "buying a house in the name of another person",which means that the house is registered in the name of another person rather than the name of actual investor.This seems to get rid of the restrictions for qualifications,ensure the security for transactions,and reduce the costs for taxation.In fact,this causes much disputes and seriously impacts on transaction smoothly.To address the aforesaid issue,this paper will start from the scenarios,purposes,risks and other basic problems of borrowing name to register,summary the views of the existing thesis,and then deeply analyzes the validity of the agreement,ownership of house property and other relevant problems,so as to find a solution that conforms to the legal requirements and balances the interested parties,providing help for solving disputes in practice and promoting the release of guideline documents.This paper consists of the following parts:Part I:Raise the Issue.It summarizes the causes and potential risks of borrowing name to register in practice and discusses the legal relationship structure of borrowing name to register.This part also includes the complexity of the problem and the theoretical and social values of this topic.Then,it proposes the study methods to be adopted in this paper.At last,it compares the behaviors by the name of other people with similar laws and rules to find similarities and differences.Part II:The Validity of the Agreement.Firstly,it summarizes and evaluates the existing theories and writings by the scholars on this topic.I acknowledge the viewpoints that contract for buying a house in the name of another person is innominate contract and advocate the combination method of application of law.Secondly,it analyzes all the claims,such as the invalid theory,effective theory,and differentiated theory,and delivers the insights of the author for the effectiveness of an agreement to buy a house by the name of other people in the aspects of specific intentions,nature of the disputed house,and the rules of the invalid contract,etc.Part ?:Nature of Registration.The first step,it introduces the current real estate registration system and the effect of registration of real estate in China.Secondly,it deeply studies the distinction between de jure and de facto right of things.Thirdly,it describes the necessity and possibility of balancing the interested parties.Part IV:Ownership of House Property.This part aims at solving the ownership issue of a house property based on the theoretical analysis and study in the former three parts.In the case of an invalid agreement,the person who borrows other's name will fail to get the ownership of a house property in principle,but If you want to determine the Property ownership you should take the extent of illegal into consideration.In the case of a valid agreement,a third party in good faith will be considered,and the protection for de jure and de facto right of things will be choose to maximize the social benefits.Part V:Related Suggestions.This part puts forward the suggestions to prevent and control the risks arising from borrowing name to register,presents the expectation for improving relevant laws and rules,and concludes the full paper.