Legal Effect Of Borrowing Name To Purchase House Property

This article is divided into five parts,the main contents are as follows:The first part is to ask questions,think about the legal issues involved in buying a house by name,and provide ideas for the following research.Secondly,I think about the legal issues involved in the case of buying a house by borrowing a name,which provides ideas for the following research.The second part mainly introduces the behavior of buying a house by borrowing a name from four aspects.Firstly,the relevant concepts and types of house purchase by name are defined,and the two types of house purchase by name contract(internal)and house purchase contract(external)involved in house purchase by name are defined.Secondly,it explains the reasons why buying a house by name exists.Once again,the legal relationship of the act of buying a house by borrowing a name is analyzed.The contract of buying a house by borrowing a name has the situation that the legal real right and the factual real right are separated.Finally,it discusses the legal risks of buying a house by borrowing a name,paving the way for the following issue.The third part has carried out the research on the confirmation of the validity of the loan-to-purchase agreement.First of all,the nature of the loan-to-purchase contract is clarified.This paper discusses the disputes in mainland academic circles about the nature of buying a house by borrowing a name.And gave his own point of view,that is,borrowing a name to buy a house contract is the most similar to the entrusted contract,can be implemented in accordance with the provisions of the entrusted contract.Secondly,it combs the validity of the agreement of buying a house by borrowing a name,analyzes it from the perspective of the principle of autonomy of will and the exclusion of invalid causes of the contract,and puts forward its own views.The fourth part has carried out the research on the confirmation of the ownership of the house in borrowing the name to buy a house.Firstly,it analyzes the principle of confirmation of house ownership.Secondly,according to the internal and external relations and whether the third party is involved,the ownership of the house is discussed respectively.At the same time,in order to protect the legitimate rights and interests of celebrities,legal remedies for celebrities are proposed.