Pan Surname Sues Qing Surname Analysis On The Case Of Ownership Right

In recent years,the rapid development of the real estate market,so that its various types of house purchase investment behavior emerge in endlessly,to a certain extent,disturbed the real estate economy.In order to effectively control the real estate economy,local governments have introduced corresponding purchase restriction policies according to the situation of local entities.With the promotion of the purchase restriction policy,a large number of controversial cases have emerged in practice.At present,there is no uniform judgment standard and legal provisions in China's courts,and the judgments are different.In order to ensure the authority of the judiciary,better solve the differences in the trial application of the court,establish the trial benchmark of the effectiveness of the house borrowing contract and the ownership of the house in the context of the purchase restriction policy,and guide the real estate transaction back to the residential property is imminent.The key to solve the problem lies in the ownership of the house on the premise of the real and effective relationship.In practice,the court has two different results: one is that the house is owned by the borrower;the other is that the house is owned by the celebrity.The main reason for the contrary result is that the court's understanding and application of the real estate change rules are not uniform.Although the intention of both parties to buy a house by name is the cause of the change of the property right of the house,there is often a situation in which the parties' agreement is inconsistent with the right state of real estate registration.At this time,the borrower is the actual owner of the house,and the famous person is the formal appearance registrant ofthe house,so it is difficult to determine the ownership of the house.Although the borrower,as the real owner of the house,has invested,occupied,used and benefited the house,it can only show that what the borrower enjoys to the house is a kind of factual right which combines the fact of possession with the contractual creditor's right,and it can't directly determine the property right to the borrower by the agreement of both parties and the fact of investment.The reasonable way is to start from the change mode of real estate property right in our country,and comprehensively determine the ownership of real estate property right in borrowing name to buy a house from the two aspects of creditor's right agreement and real estate property right registration.At the same time,in reality,there is also the situation that the famous people have transferred the house to the third party.At this time,whether the third party can obtain the ownership of the house needs to be further discussed in combination with the scope of the effect of the bona fide acquisition system.