Study On The Application Of Laws In Disputes Over House Purchase Under Borrowed Names

Borrow a purchase is famous for a specific reason to hide your own name,so as to reach a deal with a celebrity,agreed to borrow in the name of the celebrity to buy houses and registered in the name,by borrowing capital actually perform celebrity and by celebrity actual possession,income,disposition,the celebrities should help borrow celebrity stay conditions have been met the housing transfer registration formalities.The types of houses purchased by name mainly include economically applicable houses,self-built houses by units,collective houses,regulated houses of "purchase restriction" type,and houses of demolition and resettlement,which involve the ownership of real right and creditor's right.The legal relationship is complicated,and the phenomenon of "different judgments of the same case" appears in judicial practice.In view of the interests of units involved in self-building and collective housing,the purchase of houses under false names is not in essence a borrowing behavior,which is excluded from the scope of this study.The main problems of the loan purchase dispute include the confusion of the validity of the creditor's rights contract,the inconsistency of the result of the ownership of real right,and the direct use of policy as the basis of judgment.The main reasons for these problems lie in the confusion between the real right relationship and the creditor's right relationship,the deviation in the understanding of the public doctrine of real right,and the deviation in the understanding of the basis of the validity of contract.Based on this,we should establish the concept of distinction between ownership of real right and creditor's right,adhere to the authority of the principle of publicity and public trust in the property law,and solve the problem of ownership of real right that is discussed in priority.It will simplify the legal relationship and play the leading role of judicial judgment under the premise of presuming the priority of real right as belonging to celebrities,so as to warn celebrities.In order to balance the interests of both parties and realize the fairness and justice of civil law,the creditor's rights are discussed on this basis.Based on this,this paper is divided into five parts:The first part is the analysis of the concept and type of the loan purchase.Through the analysis of the connotation and characteristics of house buying under borrowed name,it is distinguished from house buying under false name.Because there are no relevant regulations in our country,the analysis of it is helpful to define the behavior of house purchase by borrowing,and the discussion scope of this paper is limited to house purchase by borrowing.In addition,this paper analyzes the causes of the phenomenon of house purchase by borrowing and the types of houses involved.Different types of houses may affect the effectiveness of house purchase agreement by borrowing,laying a foundation for the following analysis.The second part analyzes the current situation and problems of the application of the law in the dispute of buying houses under borrowed names.This paper analyzes the current situation of the judicial practice of the loan house purchase dispute,and finds out the focus of the dispute through cases,mainly including the existence of the loan house purchase fact,the effect of the loan house purchase contract and the ownership of the real right of the houses involved,so as to clarify the current situation of the judicial practice.On this basis,the existing problems in judicial practice are excavated to provide a basis for later analysis,in order to solve the phenomenon of "different judgments of the same case" in practice.The third part is the analysis of the causes of the application of laws in the disputes of house purchase under borrowed names.Borrow a purchase dispute applicable law reasons mainly include the real right and creditor's rights relations confused,there exist deviations in understanding of the real right of the public,decided to contract effectiveness according to the reasons such as,there exist deviations in understanding dispute resolution provides the referee thought that buy a house for borrow name: should differentiate between creditor's rights and property rights,should first solve the problem of the ownership of the purchased housing and based on the need of balancing of interests,to solve the problem of creditor's rights between borrow celebrity with a celebrity.The fourth part is the ownership of property rights and the validity of the contract.In the ownership of real right,"real right theory" advocates borrowing celebrities to obtain real right,"creditor's right theory" advocates celebrities to obtain real right.In the case that there is no provision in the law,it USES the provisions on the confirmation of shareholders' qualification of anonymous investment for reference,adopts externalism and confirms before the validity of the contract.Moreover,China adopts a formalistic legislative model,and the real estate register has the effect of presumption of rights.Celebrities can obtain the real right after changing the registration of the real estate register,giving priority to the protection of legal real right.In the analysis of the effectiveness of the loan purchase contract,the nature of the loan purchase credit contract mainly has anonymous contract,agent,negative trust,this paper believes that it is a trust contract.As for the validity of the house purchase contract under the pseudonym,there is a dispute in the academic circle.This paper argues that the provisions of article 146(2)of the general provisions of the civil law on hidden behaviors are not applicable.The purchase contract in name does not conform to the analysis of the components of hidden behavior,but as an entrustment contract,it is only a civil legal act.According to the law of contract,the validity of the contract should be determined.The fifth part is the way to solve the problem of the application of law in the dispute of buying house by name.As for the ownership of real right in the dispute of purchasing house by name,the house is presumed to be owned by a famous person,and the interests of a famous person are balanced in the creditor's right.In order to confirm the validity of the loan agreement,it should be based on article 52 of the contract law.If there is no invalid reason stipulated by law,the validity of the loan agreement can be affirmed.As for the specific path of the application of law in the dispute of house purchase by name,we should insist on the judgment idea of the validity of the contract after the property right is presumed to belong to a famous person.When the contract is valid,the celebrity shall assist the celebrity in handling the house transfer registration,and the celebrity shall be liable for breach of contract if he/she is unable to perform the contract.If the contract is invalid,the capital contribution shall be returned on the basis of unjust enrichment,and the amount returned shall be increased or decreased according to the actual situation of the house.