Analysis Of The Effectiveness Of The Loan Purchase Agreement

With the development of real estate market and the introduction of various real estate policies,a new phenomenon,house-purchase in the name of others,emerges,which consequently leads to some related legal issues.During the process of Purchasing houses in the name of others,the parties concerned always reach an agreement,oral or written,on this kind of house-purchase.At present,there exist great dilemmas in both theoretical and practical researches on it.Theoretically,opinions on the nature and agreement of house-purchase in the name of others vary.Academically,there is no unified identification of this kind of house-purchase.Moreover,in judicial practices,the court's recognition of the agreement on this kind of house-purchase,which is an important basis for judging whether there exists the fact of purchasing houses in the name of others and for deciding the house-ownership,differs.Therefore,this thesis aims to understand the behavior of doing something in the name of others,the behavior of purchasing houses in the name of others as well as the jurisprudential definition of the agreement on purchasing houses in the name of others though an in-depth research on the agreement of this kind of housepurchase.To be more specific,on discussion of the legal nature of this house-purchase agreement to understand it is under the constraint and protection of which laws and regulations,on the analysis of the legal effect of this agreement to distinguish the valid case and the invalid case under certain laws clearly,and on the discussion of houseownership when the agreement is valid to make the factual ownership and the legal ownership of the house clear.Given the development and the problems of the housepurchase in the name of others and with the purpose of providing advices on the improvement of related regulations of it,this thesis aims to help make the legal issues of the house-purchase in the name of others more clear through focusing on the legal effects of the agreement of this kind of house-purchase,which will futher promote the theoretical and practical development of house-purchase in the name of others.