The Settlement Of Disputes Arising From The Purchase Of A House In The Name Of The Other Party During The Period Of Cohabitation

In the case of cohabitation,the case of buying a property in the name of the other party is complicated.For the determination of the nature of the contract,there are mainly the sayings of borrowing a house,saying about natural people,borrowing loans,sharing contracts,and gift contracts.When solving such problems in judicial practice,different judgments in the same case are frequent.The above disputes involve key issues such as the nature of the contract and the ownership of the property,and the determination of the nature of the contract is the premise of confirming the ownership of the property,which in turn affects the choice of the parties' litigation procedures.Therefore,there is a need to conduct research.In the case of Zhou v.Sun ownership confirmation dispute,the contractual nature of Zhou purchase of the property in the name of Sun's name during the cohabitation period shall be deemed as a gift with the conditions for the cancellation.The property claimed is the plaintiff paying the down payment and repaying the bank loan.Although the two parties formed a cohabitation relationship but the defendant did not participate in the payment of the house down payment and repayment of the house loan,and there is no clear mutual agreement between the two parties,it cannot be considered as the joint contract has a relationship of agreement;the establishment of the loan between the natural people requires a clear loan agreement between the two parties.Generally,there are written proofs such as borrowings and owing,and the natural people's loan contract is a practical contract.The contract is valid only when the lender delivers the money to the borrower and the case does not conform to this situation,and the establishment of the contractual relationship of borrowing a house generally requires the existence of a celebrity and a borrower.Close relationships,such as close kinship,and the use of celebrities to have a clear name for the purpose of buying a house,more common,such as avoiding the purchase restriction policy to get a convenient home.In this case,Zhou registration of his own purchased house in Sun's name is not to achieve the purpose of borrowing a house,but to pursue the legal purpose of entering into a marriage with the defendant.The gift that is deemed to be subject to the conditions of dismissal is in accordance with the meaning of the party's purpose of marriage.Therefore,when the marriage is not concluded,the conditional achievement is achieved,the gift act loses its legal effect,the rights and obligations between the parties are dissolved,and the gift property is restored to the initial status,Zhou has the right to sue the people's court to confirm that the ownership of the house belongs to him when the condition is fulfilled.The legal effect after the completion of the conditional achievement can be applied analogously to the legal effect of Article 58“Return of Property" of the Contract Law.In the theoretical background of China's insistence on the cause of property rights,when the request for return is the improper application of the currency and other property interests,when the request for return is a specific thing such as real estate,the property law should be applied.The provisions of Article 34.In the choice of procedures,the plaintiff has the right to file a confirmation,and the people's court should make a judgment with the contents of the payment.