Research On Legal Effect Of Purchasing Property Under Borrowed Names

In the proces of purchasing a house,according to the different implementation of the main buyer of purchasing property,buying property under borrowed names can be divided into two types: the first type are individuals who borrow the names of others purchasing property and the second type are registered individuals purchasing property.The legal effect of the purchasing property under borrowed names should depend on the nature of the property and the causes of purchasing property.If a individual under the borrowed name need to form a contract with a house seller,it can be based on the criterion of "conducting behaviour in the names of other people" and consensual meanings to analyze the legal effects of the contract.If the registered individuals purchase property on its own,Article 402 and Article 403 of the Contract Law can be applied to analyse the legal effects of the contract.In the analysis of the legal effect of the registration of the house,it is necessary to combine the publicity effect of the housing registration,the change of the validity,the right presumption of the right,the effectiveness of the good faith protection,and it can be found that the presumption of housing is more favorable to the registered individuals,but the effect is not absolute.If both parties dipute over their rights in the case of their internal contract,the right of individuals who borrow names are more worthy of protection than the registered individuals,but when external transaction occurs,the good faith acquisition system can be applied at this time based on the demand of dynamic transaction security.At this time,the right of third parties in good faith,who are the default buyer of the transaction without fault,should be legally guaranteed.