Legal Analysis On Using Others' Name To Buy House Property

In today's hot real estate market,the behavior of buying a house in the name of other people is increasing,and the disputes are becoming more and more complex.In the name of another person to buy a house in the country and do not have a clear qualitative and rules,the judges in the judicial practice in the identification of difficult in fact,apply the law and doubt,for such disputes and ideas around the court trial standards are not uniform,the results are reversed.Therefore,the author thinks that buying a house in the name of other people has certain research value.The first part of the article on the nature of the name of others house were analyzed by comparison to others in the name of buying behavior and trust and agency legal relationship,in the name of another person to buy a house on the legal effect of the act.In China Taiwan early,in the name of others buying behavior is generally presumed to trust behavior,especially the negative initial trust,most people think that the negative trust is invalid for off method,but after the view develops slowly,if the negative trust does have a legitimate reason,so trust also acknowledged negative effect.As for others in the name of housing behavior research continues to mature,more people think to buy a house in the name of others behavior presumption of principal-agent is more appropriate,because according to others in the name of housing contract,commissioned by celebrity celebrities to purchase procedures,housing ownership is still by the celebrities enjoy,which iscloser to the provisions of the contract equivalent to the client by the celebrities,famous people,the equivalent of agent.The second part of the article analyzes the effectiveness of buying houses under the name of other people.Buying a house in the name of other people includes two legal relations: the contract of buying a house in the name of another person,the contract for the sale of housing,and the validity of the two contracts need to be analyzed.The third part of the article analyzes the effectiveness of the house being sold by the nominal person.Generally speaking,the effectiveness of the disposing of the nominal person includes "right to sell","no right to sell","compromise theory" and "distinction theory".The idea of "selling right" means that the nominal person is the owner of the house,and of course he can sell the house.The idea of "no right to sell" means that the nominal person is not the real right holder of the house.He has no right to sell the house,except for the bona fide third party."Eclectic" view is a combination of the above two views,that the sale of housing to the good of third effective,the sale of housing to the malicious third people,there is no effect."The distinction between" point of view,if the name of people and third people to buy housing,housing rights become a celebrity,he can sell the house,if the name is the purchase of housing from the housing real rights,their contracts of sale,on behalf of people unable to sell houses,but sold to the bona fide third party except.The fourth part of the article analyzes how the house is returned to the real right holder.If the contract is not stipulated in the contract for the return of the house in the name of other people,the real right holder of the house may ask the name holder to return the house after the termination of the contract.In reality,if one party of the contract dies suddenly,does the contract continue to be valid or terminated? I believe that the contract to buy a house in the name of others is based on the trust of both sides,so the contract should be terminated,and the real right holder may ask the nominal party to return the house.Finally,the author thinks that,due to the name of others purchases due to theuncertainty of whether it is in the validity of the contract and the final request return there are certain risks,so the parties in the name of others to buy the behavior to be very cautious.