A Study On Legal Issues In The Sale Of Borrowed Houses

In order to limit house prices,the state has issued a series of policies and guidelines,such as the "notice on resolutely curbing the excessive rise of house prices in some cities" and other housing purchase policies,which greatly limits the number of individual purchase places.In order not only to achieve their own purchase purpose but also to avoid the government's purchase policy,the phenomenon of private people to buy a house by name,that is,because they do not have the right to buy a house or inconvenient to buy a house in their own name,then reached an agreement with the famous people,by the famous people to buy a house in the name of the famous person and then meet the conditions to complete the transfer registration with the famous people.The phenomenon may seem to be facilitated by celebrities,but its existence The risk is to bring more disputes over ownership of the house to the borrower.In addition to the famous person and famous people will be tempted by the interests of the ownership of the house disputes,there are also famous people in the case of the famous person without the knowledge of the house to sell the house to the third person,at this time the owner of the house is the actual owner of the house,and thus will also produce ownership disputes.The parties can not settle the matter in private,bring a suit to the court,ask the court to make a judgment on the ownership of the house,but because of the lack of clear legal basis and ruling rules,so that the judges in the trial of the case used the legal and legal basis This paper mainly discusses the situation of buying a house by name in the phenomenon of buying and selling a house by name,and gives an overview of the situation that the famous person sells the house to a third person,which lays the foundation for the determination of the ownership of the.In the first part of this paper,we summarize the reasons of the phenomenon and the disputes in the social practice.In this paper,we summarize the four main causes of the disputes.The second part of this paper analyzes the legal relationship between the famous person and the famous person in the loan house sale contract,the legal relationship between the famous person and the house seller,and the legal relationship between the famous person and the third person when the famous person sells the house to the third person without authorization after the loan behavior.On the legal relationship between the parties,domestic scholars hold different theoretical views on this,this part focuses on the analysis of the different views of different students and the behavior of buying a house by name.In this part,the author thinks that the legal relationship between borrowing celebrities and issuing celebrities should be applied to the relevant rules of entrustment contract The legal relationship between the famous person and the seller of the house and the third party should be determined by the ordinary legal relationship of sale and purchase.The third part of this paper combines the relevant provisions of the General Provisions of the Civil Law of the People's Republic of China and the Summary of the Ninth National Conference on Civil and Commercial Trials of the National Court of Justice on the validity of the contract and the analysis of the validity of the agreement on the purchase and sale of a house by name by different situations.This paper holds that the influence of the buying and selling of the house under different circumstances will directly lead to the validity of the agreement,and then affect the ownership of the house.Author In this part,it is considered that the validity of the agreement is not valid because of the violation of laws and regulations,but also whether the damage to the public interest should be considered.In the fourth part of this paper,we discuss the different rules for determining ownership of houses in two cases involving third persons.What rules and evidence should be combined when third parties are not involved to confirm who owns the house.When it comes to third persons,how to balance interests.This paper holds that when the third party is not involved,we should judge the ownership of the house real right according to the situation that the loan agreement is valid or invalid,combined with the influence of autonomy of will and registration of real estate on the ownership of the house.When it comes to the third party,it should be judged according to the situation that the ownership of the house belongs to the borrower or the famous person,combined with the system of bona fide acquisition ownership of the house.