Research On Legal Issues About Borrowing A Name To Buy Houses

In recent years,the real estate market has been very hot,and the new housing policy has been launched frequently,borrowing a name to buy houses has emerged.By mixing the contents of the behavior,we can search and discuss the problems from the perspective of the legal relationship of creditor's rights and the legal relationship of real right.However,it doesn't content in China civil and commercial law basic,today,a lot disputes are increasing and the plight of applicable law judicial practice in our country is in disorder,the nature of the contract,effectiveness,borrow a property ownership issues on purchase behavior has always been the focus of the controversy of scholars and judges.Therefore,it is necessary to further study the legal problems caused by the purchase of the house in theory.This article introduced data in nearly three years,and used the case analysis methods,comparison research method,the legislative research methods.Through the introduction and reference of the legal system of Taiwan's borrowing by name,the author puts forward opinions based on the legal issues of the house purchase.This article mainly consists of four parts,the main content is as follows.The first part,it is based on the current research and actual situation of the house purchase behavior and actual situation,to give a general overview of borrowing a name to buy houses,including it's connotation,types,legal relations and the causes.The second part,through the objective analysis of the current legal environment and judicial practice,this part puts forward the current situation of the application and the four focal points of the application of the judicial trial in our country,including nature of the contract defined chaotically,the effectiveness of the contract has deviation,the ownership is unclear and so on.The third part,through the reference of Taiwan's borrow name registration legislation and judicial practice,basing on the situation of borrowing a name to buy houses in our country,the analysis research that contract of borrowing a name to buy houses should apply the agency appointment contract,from the perspective of social public welfare and housing typed,clear the effectiveness of the contract and the ownership of houses.The fourth part,the author puts forward some Suggestions to solve the legal problems.The first is to clarify the relationship,apply the rules of the agency appointment contract.Second,ensure the effectiveness of borrowing a name to buy houses from the perspective of housing typo.Third,to distinguish between the valid and invalid perspective of the purchase contract,the validity of the real estate ownership is determined by the validity of the contract.Fourth,after the housing transfer,put forward to relax the buyer standard of goodwill and improved through the fault liability of celebrities,think that should be on the basis of the protection trust trust registration,confirm the housing ownership of the receiver who has good faith.