Study On Borrowing Name To Registration For A House

In recent years,as the real estate market continues to heat up,various ministries and commissions under the State Council and local people's governments have adopted "purchase restrictions" one after another to increase the down payment ratio of housing loans and adjust the tax rate on the purchase of multiple houses.Owning to the influence of these policies,the emergence of registration by name has been promoted.The registration of a house by name means that the borrower buys a house in the name of another person and registers the house under the name of the person.The right records in the immovable property register are called legal real right.Correspondingly,it is called factual property right.The registration of a house by name makes the legal real right separate from the factual real right.Because the current Civil law does not explicitly stipulate the contract of registration by name,it belongs to the nameless contract.According to the agreement of the contract,the outgoing celebrity has the content of paying labor services to the borrowed celebrity,so the relevant provisions of entrustment should be applied by analogy.The contract of registration by name belongs to the nameless contract,and the validity of the contract should be determined in accordance with the provisions of Article 52 of the contract Law.The final foothold of resolving the dispute of registration by name is to judge the ownership of the real right of the house.This paper divides the houses purchased by name into ordinary housing and economical and practical property,and discusses the ownership of the real right of the house under different circumstances.When the third party of the transaction is not involved,it is the protection of static interests,that is to say,it is necessary to judge the internal housing ownership of the borrower and the outgoing celebrity,and when it comes to the third party of the transaction,it is the protection of the transaction order.The behavior of the celebrity to dispose of the house constitutes no right to dispose of the house,and the third party may obtain the ownership of the house if it meets the constituent requirements of bona acquisition.These problems are the focus of the article and play an important role in the settlement of disputes.In order to safeguard the interests of the parties and promote the unity of judicial adjudication,I hope to provide a feasible way of judging the ownership of the house through the study of these issues.