Study On The Housing Ownership In The Case Of Buying A House By Another Person's Name

In recent years,owing to the continuous rise of house price,the government has issued a series of measures to limit people's housing purchases.Many people choose to buy houses by other persons' names in order to meet their purchase needs,so the real buyer(the borrower)of the house is inconsistent with the buyer(the lender)of the house sale contract and the property right registration.And the huge benefits brought by the housing market lead to the lender default,leading to the housing ownership disputes.There is no clear provisions in law on the purchases of houses by other persons' names,and the judgments of the judicial authorities on the housing ownership aren't completely consistent,which seriously affects the borrowers and the lenders' interests,judicial justice and the stability of the housing market.The act of borrowing another person's name to buy a house is composed of three kinds of acts: the contract of borrowing another person's name to buy a house between the borrower and the lender,the house sale contract between the lender and the seller,the property right registration.Therefore,the housing ownership is also determined by the effectiveness of the three kinds of legal acts.Among them,the house sale contract is based on the real intention of the lender and the seller,so the contract doesn't violate Article 52 of the contract law,which is a valid contract;the property right registration generated according to the house sale contract is also valid,and there is no registration error,therefore,the effectiveness of the contract of borrowing another person's name to buy a house is the main factor to determine the housing ownership.If the borrower borrows another person's name to buy a house in order to avoid taxes or to buy a affordable house,the contract of borrowing name will image the public interest and it will be a invalid contract,so the house will be owned by the lender because of the valid house sale contract.If the lender sells the house to a third person and handles the housing transfer,the house belongs to the third person.If the borrower borrows another person's name to buy a house in orderto circumvent the purchase restrictions or avoid the credit policy,the contract of borrowing name will be a valid contract because it doesn't violate the mandatory provisions of laws and administrative regulations,so the borrower can request the lender to assist the borrower in handling the transfer registration according to the valid contract of borrowing name.After the housing transfer,the house belongs to the borrower.However,if the lender sells the house to the third person and handles the housing transfer,the house belongs to the third person,unless there is malicious collusion between the lender and the third person,which damages the borrower's rights based on the contract of borrowing name,leading to the invalidity of the house sale contract of the lender and the third person.