Case Study On The Judgment Of Housing Property Right Recognition In The Relation Of Purchasing A House By Borrowing Other’s Name

The phenomenon of purchasing houses by borrowing names exists in a large number in reality,and it is easy to cause disputes over the property rights of houses.At present,there is no clear norm for the disputes over the right to buy real estate by borrowing names,so there are many disorders in the trial process.The phenomenon of different judgments in the same case is particularly prominent,which has caused great damage to the credibility of the judiciaty.Moreover,as a real estate with huge value,if there is no definite rule guidance,the parties often have to bear great risks in the transaction,which is obviously not conducive to the development of transaction activities.In order to better solve the disputes and maintain the security of housing market transactions,this paper chooses the most critical issues to conduct in-depth research,that is,the ownership of housing property under the real and effective condition of the relationship of borrowed housing.In practice,there are two kinds of conflicting judgments:one is that the judgment confirms that the house belongs to the borrowing celebrity;the other is that the judgment confirms that the house belongs to the celebrity.The comparative analysis of typical cases shows that the main reason that leads to the opposite judgment is that the understanding and application of the rule of real property change are not uniform.Although the agreement to buy a house by borrowing a name is the cause of the change of the property right of a house,when the agreement of the parties is not in conformity with the status of the right to register real estate,it is still impossible to confirm the property right directly according to the agreement,because in the relationship of buying a house by borrowing a name,registration of the property right under the name of a famous person is the true meaning of both parties,and should not be considered as a"registration error".The change of real property rights based on legal acts should adhere to the rule of "effective publicity".Therefore,besides the desire to buy a house under a borrowed name,it is still necessary to publicize before real property rights can be changed and real property rights can be acquired by borrowing names.In addition,borrowers often actually occupy houses,but even so,they can not think that they have accorded with the real property rights change rules and acquired real rights,because "possession" is not a legal method of publicity of real rights,so according to the real property rights change rules,it is still impossible to directly confirm that borrowers enjoy property rights,and consider the publicity of"possession" to a certain extent.As a result,the rights of borrowers can be specially protected.The correct application of the real property right change rules can not be separated from the clear guidance of the relevant legal norms,so this paper will try to put forward some suggestions for improvement in the end.