Research On The Legal Issues Of Buying A House By Someone Else's Name

With the rapid economic development,the number of home purchase policies is endless.In order to meet the needs of self-interest,many people negotiated with others and used the names of others to buy houses.This caused disputes over the purchase of homes.However,the law does not clearly stipulate the issue of the purchase of houses by name,and the differences in the theoretical and practical levels of the judges make the phenomenon of different judgments in the same case in judicial practice frequent.Affected the order of social transactions and the interests of the parties.Therefore,it is necessary to study such issues in order to seek legal and reasonable legal remedies for this outstanding problem to balance the interests of the parties involved in the purchase of the house.On the one hand,academia has different views on the nature of borrowing contracts.Since the purchase of homes by name is not a proprietary legal term,the home purchase contract is not one of the 15 well-known contracts stipulated in the Contract Law of China.Therefore,it should be based on the practice of borrowing the name between the celebrity and the name of the purchase contract and the use of celebrities and celebrities around the contract to conduct a series of legal acts to explore similar legal nonms.Under the name-purchase program,the name-purchase contract is regulated by an unnamed contract and there is no similar contract.In the case of indirect borrowing,the name-purchase contract is similar to the entrustment contract,and the relevant provisions of the applicable entrustment contract can be referred to.In addition,regarding the validity of the contract for the purchase of homes by name,the judiciary and academia have not yet formed a unified understanding.Strictly follow the provisions of Article 52 of the,Contract Law,of our country to determine the validity of a contract for the purchase of a named house.That is,if a contract for the purchase of a borrowed name is signed when the meaning of the two parties is true,it shall be binding on the parties to the contract.The policy should not be used as a criterion to determine that it is invalid,but it is necessary to judge the effectiveness of the contract by name in accordance with the mandatory provisions of laws and administrative regulations.On the other hand,there is no uniform trial standard in the judicial practice in China for the ownership of the house under the name of the borrowed home,and there is no specific law to specify this.The author believes that the principle of real property rights change in the "Property Law" should be used to discuss the property ownership of houses under the name of the borrowed house so as not to deviate from the essence of legislation.It is clear that the first-named purchase contract 1s only a kind of creditor's rights effect between the celebrity and the famous person.It is not a kind of real right effect.When a third party is not involved,it does not involve a party other than the contract for the purchase of the leased house and the contract for the sale of the house.It shall comprehensively consider the factors such as the type of the house to resolve conflicts of interest between the real right owner and the nominal right owner.The content of Article 2 of the "Property Rights Law Interpretation One" should pay attention to the protection of the actual rights holders by the interests of celebrities.When it comes to third parties,it should also consider whether third parties are good or not.In the case of a third person in good faith,the interests of third parties should be protected from the purpose of protecting the security of transactions.