The Private Law Effect Of Registering Real Estate With Other's Name

In recent years,the cases of registering real estate with other's name are increasing.Due to a lack of clear legal rules to guide,the problems such as the different performing standards and chaotic rights order are increasingly highlighted in the judicial practice of settling disputes over these cases.Therefore,these problems make it hard to quell the disputes in time and realize the unity of legal effect and social effect.Based on this understanding,this article will combine relevant judicial precedents to straighten out relevant legal issues such as legal attribute,validity of contract and the ownership of real estate of registering with other's name,so as to explore feasible and effective way of judicial cognizance.Due to the complexity of the nature of borrowing other's name to register real estate,it c an not be summed up as a kind of legal action what have been defined.This paper suggests th at we should distinguish it according to the constitutive requirements of direct borrowing beh avior and indirect borrowing behavior.The cognizance of the contract validity of registering r eal estate with other's name shall be based on the article Fifty-two of the contract law of our c ountry,and then combined with the effectiveness of the agreement for borrowing someone's n ame or the sale contract.As for the ownership of real right of the property,it should be distin guished into two cases of static situation and dynamic circulation and make different treatme nt.The article is mainly written by five parts.The first part studies the current problems of registering real estate with other's name.First of all,it summarizes the main types of behavior about registering real estate with other's name from the complicated cases.Secondly,it analyzes the status quo of judicial identification of the conduct in our country.At last,it elaborates the present dilemma of the conduct in our country's judicial practice.The second part discusses the nature of registering real estate with other's name.By summarizing and analyzing relevant theories,the article puts forward that the nature of registering real estate with other's name should be divided into two situations to discuss: Under the condition of real estate registration by other's name indirectly,according to whether the person whose name has been borrowed is notified the third party,it may respectively constitute the nominal agent and anonymous agent;Under the condition of real estate registration by other's name directly,it is similar to the act of imposing the name of another that has been approved.The third part discusses the effectiveness contract of registering real estate with other's name.First of all,it analyzes the theoretical dispute over the validity of agreement for borrowing someone's name.Secondly,it presents the existing problems of the validity of the sales contract,and then proposes that the contract of registering real estate with other's name should not be vertragsverbindungen.Finally,It will demonstrate the legal consequences when the agreement for borrowing someone's name or the sales contract are invalid.The fourth part discusses the property ownership of borrowing other's name to register real estate.It refers to the ownership of the property in the static state.Meanwhile,it is related to the ownership when the property is forced to change or transferred after real estate signed by other's name has been registered.The fifth part suggests how to handle disputes about borrowing other's name to register real estate.First,it is necessary to formulate a clear guideline or standard judicial procedure,which can help encourage the establishment of identification of borrowing other's name to register Real Estate.The second advice is to make the rights protection level clear and keep balance between them.