Research On The Effect Of Buying House By Name Contract

In order to curb the excessive rise in housing prices,the relevant departments have adopted measures to limit the number of home purchases,tighten credit policies,and supply a variety of policy-guaranteed housing.To a certain extent,they have curbed the speculation of real estate and the rise of housing price.At the same time,buying a house in the name of another person are emerging in the housing market.In recent years,the price of housing rise is very large,and there have been a lot of lawsuits and conflicts due to the purchase of houses in another person's name.In judicial practice,the judgments of courts are very different in the determination of the legal relationship of buying a house in another person's name.The phenomenon of "different judgments in the same case" seriously damages the credibility of the judiciary,weaken the guiding role of the judicial judging,and to aggravate the difficulty of resolving contradictions and disputes.The author intends to use the civil judgments published by the Chinese Judgment Document Network as a sample to investigate the different judicial results of the judicial cases.Regarding the determination of the nature of the contract,contract is an unnamed contract,which is different from the commission contract and the agency purchase.In order to avoid more disputes over the purchase of houses in another person's name,we should adopt the principle of modesty and adopt a stringent standard to determine the establishment of the contractual relationship between the borrowing and the name of the house,that is,the meaning of the two parties is consistent,the borrower is fully funded,and the celebrity possesses the disputed house.It is necessary to hold the relevant purchase materials,but with not need for the written purchase agreement.The judgment on the validity of the contract is mainly based on Article 52 of the Contract Law.The purchase of policy-guaranteed housing by borrowing a name or enjoying the credit concession of others does not necessarily harming the public interest.Buying a house in another person's name does not mean concealing the illegal purpose in a legal form.From the perspective of respecting the autonomy of will and maintaining the order of market economy,it is concluded that regardless of whether the nature of the disputed housing is commodity housing or policy-guaranteed housing,it is necessary to respect the autonomy of both parties.However,the borrower does not obtain the real estate registration property right certainly,and the fulfillment content of the contract needs to be comprehensively considered whether the contract has objective fulfillment conditions,etc.,and can not be determined only by “results”.Objective performance cannot lead to invalid contracts.Regarding the realization or obligation of the rights of both parties to the contract,the borrower only has the right to claim the purchaser for the transfer of the house,and does not directly enjoy the property right for the house.In the absence of the interests of the third parties,there involves the different ways in which the rights of the two parties are realized.On the one hand,it refers to the realization of the rights of borrowers.If the borrower has the qualifications for the registration of the transfer,whether it is a commercial housing or a policy-guaranteed housing,whether in the immediate or predictable future,after the housing has the conditions for trading,the borrower has the qualification of the transfer,the nominee shall cooperate with the borrower to handle the transfer of the house.On the other hand,it refers to the registered property rights of nominee.In case that the borrower cannot obtain the real estate registration property right,the nominee continues to enjoy the registered property right,and the nominee pays the economic loss to the borrower.It is true that simple returning house are unfair to borrowers and contribute to the culture of dishonesty.Due to the appreciation of the house,the calculation of the economic loss and the determination of the compensation ratio are related to the major economic interests of both parties.In practice,the distribution of the economic benefits brought by the appreciation of the house must be dealt before the nominee occupies the house.Otherwise,the lawsuit of returning the property,the confirmation of the ownership,and the invalidation of the sales contract cannot retrieve the actual control of the house.From a fair point of view,when calculating the proportion of economic benefits and the amount of distribution due to the appreciation of the house,the part of the house appreciation is regarded as cardinal number,which is regarded as the economic loss of the borrower.Then,based on the degree of fault that the nominee and the borrower can't perform the contract,to determine the proportion of the losses that each party bears.The amount of loss that nominee needs to bear can be regarded as the compensation to the borrower.For the distribution of rights and obligations of the parties that do not constitute a contract for buying a house in another person's name,this article will not discuss it in detail,and it can be dealt with according to other legal relationships such as lending,partnership or unjust enrichment,etc.