Research On The Application Of Law In The Case Of Buying A House By The Name Of Another Person

“Buying a house by the name of other person” is not a legal term.It is a new type of trading method derived from the background of national restrictions on purchases and loans.In real life,it is not uncommon to buy a house by the name of other person.The reasons are also varied.In addition to evading restrictions on purchases and loans,it also includes tax evasion,concealment of property,and debt evasion.In recent years,housing prices have risen rapidly.In the face of the huge value-added benefits of real estate,the situation of celebrity breaches has occurred frequently,and disputes arising from the purchase of houses by the name of other person are also increasing.However,due to the lack of clear legal guidelines and the unified refereeing ideas,there are great differences in how the court should apply the law in the case of borrowing a house.This paper starts from the case of disputes over the purchase of houses in judicial practice,deconstructs the legal relationship of borrowing a house,and evaluates and defines the nature of the core legal relationship.Finally,it analyzes the ownership of houses in different situations.In order to clarify the different legal relationships involved in the case of borrowing a house and the different legal consequences arising therefrom,it provides a reference for the unified referee standards in judicial practice and better solve the dispute over the purchase of houses by name.In addition to the introduction and conclusion,this article is divided into four parts:The first part starts from the judicial practice and sorts out the 403 judgments on the case of renting a house dispute in the top four places in 2017.It summarizes the main features of the dispute over the case of borrowing a house in practice and sorts out the existence of judicial trial.This paper also sorts out the cases of borrowing a house purchase dispute according to the type of housing and the reasons for the borrowing in practice.The second part first analyzes the nature of the act of buying a house by name,and then the two core legal relationships in the act of buying a house by borrowing,namely,the “borrowing contractual relationship” and the “buying and selling of houses with the house seller by name.The nature of the contractual relationship is analyzed.This paper believes that the purchase of a house by name should be in the scope of the contract and is a mixed contract in the unnamed contract.In the act of borrowing a house to buy a house,the act of signing a loan registration contract is not a trust act.It is also too arbitrary to define it directly as a “dissociation act”.The loan registration contract should belong to the unnamed contract in the contract act,because of its external form and The entrustment contracts in the Contract Law are most similar,so the relevant provisions of the entrustment contract can be analogized.The "sales contract relationship with a house seller by name borrowing" is actually composed of two parts.One is that the name of the person in the name of the famous person or the famous person in the name of the famous person to enter into a contract for the sale of the house in the name of the seller;Sale and purchase contract.The nature of the latter is selfcontroversial,and the nature of the former should be treated differently depending on the type of case.This third part examines the effectiveness of contracts in the case of borrowing a house.Since the nominee meets the conditions for the purchase of a house,the contract for the sale and purchase of the house by the borrower is intrinsically equivalent to the general contract for the sale of the house.Therefore,the method of determining the validity and the applicable legal basis are also common to the house.The sales contract is the same.The validity of the registration of the loan registration contract is much more complicated.This paper makes a detailed analysis based on the type of housing and the reasons for the borrowing.The fourth part analyzes the ownership of the house in the case of borrowing a house,depending on whether it involves the interests of the third party.In the absence of the interests of third parties,the relationship between the borrower and the nominee is only an internal relationship.If the debit registration contract is valid,the borrower who meets the registration conditions may,by correcting the registration,dissenting the registration,and filing a lawsuit,so that the real estate registration book is in a state of “real name and conformity”,and finally enjoys the ownership of the house;Invalid,should be treated differently according to different situations.There are many situations involving the interests of third parties.Due to space limitations and consideration of typical problems in judicial practice,this article only discusses the situation in which celebrities dispose of houses without authorization.For the definition of the behavior of the celebrity,the theoretical circles have three kinds of doctrines: “the right to dispose of the discourse”,“the right to dispose of the discourse” and “the eclectic theory”.This paper argues that it is more appropriate to apply the system of good faith acquisition,regardless of whether it is from the point of view of the wrong registration or the measure of interest.If the buyer of the house meets the conditions of good faith,he or she can obtain ownership of the house.At this time,the purpose of obtaining the ownership of the house by the celebrity in a roundabout way is lost,and the rights can be relieved through litigation.