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Study On The Legal Issues Of Commercial Housing Registration Under The Other's Name

Posted on:2021-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LinFull Text:PDF
GTID:2416330611464920Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Housing is the most basic means of life,which is related to economic development and social stability,and plays an important role in investment and financing.Therefore,the social phenomenon of borrowing name to buy a house and many legal problems arise.This paper intends to explore the concept,nature and other types of disputes,the status of judicial treatment and other issues,and put forward relevant suggestions.There are four chapters in this paper.The first chapter describes the significance of the topic,describes the research background,the significance of the topic and the research status.At present,there is no actual prohibition in law on the current situation of "registration of commercial housing borrowing and selling".Because the behavior of borrowing and buying houses is for various reasons,and it is related to the economic development significance of national policies on macro-control of commercial housing market,there are different opinions in practice.We should pay attention to and apply uniform laws to the registration of commercial housing buying by name.Otherwise,if the ownership of the house is not clear,it will lead to the damage of the house transaction and damage the state's macro-control policies on the economy.The second chapter is to analyze the concept of the registration of commercial housing buying by name,the reasons and nature of its occurrence,in order to provide the relevant factors that should be considered when dealing with this behavior.This paper holds that the house borrowing contract can be an effective anonymous contract,while the house borrowing registration needs to continue to explore the real estate registration system.The third chapter focuses on the analysis of the effectiveness of the registration behavior of commercial housing borrowing and buying houses.The registration behavior of commercial housing borrowing and buying houses involves the legal relationships such as borrowing and buying houses,buying houses and registering houses between the borrower and famous people.This chapter focuses on the validity of the legal relationship involved in the registration of borrowing name to buy a house,in order to ensure whether the registration of borrowing name to buy a house should be protected in the current law of our country,and analyzes and concludes the validity of the sales contract and the ownership of the real right when the house involves a third party.The fourth chapter is the corresponding preventive measures summed up for the above risks,taking the effectiveness of the name borrowing purchase contract as the starting point,combining with the interests of the third party to summarize its handling methods,andproposes that we should avoid the generation of the name borrowing purchase behavior,and reasonably regulate the housing sales phenomenon.The last part is the conclusion,which is to think about the problems and solutions of the behavior of commercial housing buying by borrowing names,and we need to protect this kind of behavior in the current situation,but also need to limit it,because the attitude of this paper does not support the commercial housing borrowing registration behavior,to subdivide the applicable standards in the future,and to consider the relevant angles,to give consideration to the interests of all parties,and to make a general outlook on the future form of this situation.
Keywords/Search Tags:housing registration under the other's name, contract effect, ownership of real right, application of law
PDF Full Text Request
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