A Study On Real Right Ascription In The Case Of House Registering With Others' Name

Housing loan registration is the behavior that actual contributor dormant homeowner enter into a loan agreement which purchase the house in the name of the dummy homeowner and register the house in his or her name but the house shall be actually possessd and used by the contributor with dummy homeowner.The housing loan registration behavior has its existence social foundation in our country,and There are cases of using others name for registration of property rights in the sale and purchase of affordable housing,self-built houses,restricted purchase houses,house reform houses,and resettlement houses.However,there isn't specifically regulation on the behavior of buying and registering by name,at present,which leads to chaos in the judicial practice of the determination of the ownership of housing rights.The complexity of the housing loan registration behavior lies in that it involves various types of legal relations and theories,including the nature and effectiveness of the loan registration agreement.There are still some problems in China's current housing registration agreement and the ownership of real right caused by it currently.In terms of legislation,it lacks specific legislation and the imperfection of the real estate registration system,what's more,it lacks laws and the supervision to protect the dormant homeowner.In the aspect of judicature,there are still some problems,such as substituting policy for law in the source of judicature law,lack of operable judicature standard,imbalance of value selection in judicature.While the legal relationship identification of the house loan registration has a great impact on the ownership of real right.When the loan registration only involves the internal relationship between the dormant homeowner and the dummy homeowner,the ownership of real right can be obtained according to the loan registration agreement.However,when the loan registration involves the interests of a third party,the credibility of the real right registration should still be maintained.The registration effect of the real right of realty in Taiwan is the same as that in mainland China.Therefore,it has certain reference significance for the handling of the contracts and the real right of real estate brought by it,that is,to affirm the effectiveness of the contracts and to maximize the credibility of the real right registration of real estate.Combined with the current legislation and judicial practice,on the basis of reviewing the experience of Taiwan,China,we can improve the legislation and judicial system of housing loan registration in China from the following aspects : in terms of legislation,we should establish and improve the relevant legislation system of housing loan registration,make special legislation on housing loan registration and improve the real estate registration system;In terms of judicature,we should establish a unified judicial judgment standard,adhere to the principle of maintaining the credibility of the registration of real estate rights,give consideration to the maintenance of the rights of the factual right holders,and establish a unified ownership standard of real rights,that is,Under the premise that the loan agreement is valid,if the house does not involve the interests of the third party,regardless of whether the seller knows that the case of borrowing the house exists,the borrower should own the ownership of the house in terms of the static ownership of the house ownership;When it comes to the interests of third parties,even if the seller has the inner intention to transfer the ownership of the property to the borrower,it should adhere to the credibility of the registration of the real estate right,and the third party can legally obtain the ownership of the house from the nominee to maintain the market transaction security,the exception is the third person malicious.