Study On The Legal Issues Of Borrowing Name To Buy A House

Housing is of great significance to every Chinese.It has always been the pursuit of every Chinese,whether they are migrant workers in cities or young people struggling in cities after graduation,to own a house of their own.However,under the current China’s actual situation,to buy a house is a real difficult problem facing the buyers of all stripes,money is on the one hand,and had the money can’t buy the right of the room is on the other hand,this article need to discuss is the desire to buy the person in the case of capital allows for a variety of reasons and can’t buy the right room to lend to others in the name of the real problem.The introduction mainly introduces the background,research value and significance,domestic research status and foreign legislation status and the main research methods.The text is mainly divided into four parts:The first part,the definition of the act of buying a house by name and the legal system and theory involved.This paper first defines the meaning and characteristics of the house purchase by name,and then simply analyzes the reasons for the house purchase by name by enumerating the reasons.According to the enumeration of the risks of buying a house by name,the possible risks of buying a house by name are revealed.The article mainly talks about the real estate registration system and its effectiveness,legal real right and factual real right,and the principle of autonomy of will in the legal system and theory involved,so as to have a clearer understanding of the practice of house purchasing by name and pave the way for the following part.The second part,the judgment of the validity of the contract for the purchase of a house and the ownership of the house.This part of the content first analyzes the legal effect of the internal contract and external contract of borrowing a house.This paper distinguishes the effect of the contract-type behavior of the borrower’s implementation of the house-purchasing behavior,the effect of the contractor’s implementation of the contract-type behavior of the house-purchasing behavior,and the effect of the contract-type behavior of the house-purchasing behavior.The legal effects of the loan contract and the house sale contract are discussed in three different situations.This paper limits the dispute over ownership of a house between a borrower and a nominee,and between a borrower and a third person.Based on the analysis of the legal issues involved in the purchase of ahouse by borrowing the title,combined with the theory of the change of property rights of legal acts,The theory of principle and the presumptive effect of immovable property registration,etc.,the article analyzes the ownership of the property of the borrowed house from the legal and illegal aspects of the borrowing of the house.The third part,judicial practice judgment in the name of housing problems.China’s judicial practice in the name of the judge to buy a house case is still not perfect,among many problems,the article mainly enumerates three outstanding problems: "different judgments of the same case" exists to a certain extent,the will of some judges is easily influenced by the outside world,and some of the judges’ ideological values are biased.The fourth part,consummation judicial practice judgment buys the house case by name the suggestion.The article puts forward three specific suggests to the problems of the third part,standardize the application of law and improve the legal provisions to promote the unity of judgment,strengthen the legal belief and practice level of judges,and reasonably balance the interests of borrowing parties.I hope that through the "problem +suggestion" model,I will provide useful referee ideas and measures for the referee judges and related organizations in the case of borrowing a house.