Research On Civil Legal Issues Of Borrowing Name To Buy A House

Houses are no longer the most basic shelter in the minds of most people,but have become a way to make money by investing and obtaining high returns.Real estate developers use the public's psychology to build houses.As a result,the continuous rise in house prices showed a trend of abnormal development.However,low-income people are afraid of housing because of excessively high housing prices,and lose the most basic means of living.In order to fully protect their material living needs,the state has successively introduced macro-control policies such as restrictions on home purchase eligibility,loan approval,and policy-oriented housing such as affordable housing and public rental housing to protect people's livelihood.People have chosen to borrow other people's name to buy a house for reasons such as evading national policies,evading bank credit,real estate investment,and concealing real property.Therefore,various disputes caused by this kind of behavior have also come.In the practice of trials,due to the lack of a clear case basis,the trial guidance issued by local law courts are not the same.These realities will undoubtedly greatly increase the difficulty for judges to try such cases.At the same time,judges in different places have different understandings and understandings on this issue.The occurrence of different judgments in the same case will undoubtedly increase the contradictions between the parties and is not conducive to the uniformity of the application of the law.In view of such phenomena,this article hopes to conduct legal analysis and discussion on the nature of the act,the validity of the contract and the ownership of property rights,and the protection of the interests of the transferee of the disputed house and the real right holder.Contribute to the resolution of related disputes in judicial practice.This article is divided into five parts.The first part is the introduction,which explains the related background,research significance,and research status of domestic and foreign researches.The second part is an overview of buying a house by name.By introducing the concept and characteristics of buying a house by name,it summarizes the different views of different scholars on the behavior of buying a house by name and analyzes and discusses differentviews.This article considers that the house purchase contract under the name is a mixed contract in the unnamed contract.In the third part,the validity of the house purchase contract under the name is determined.The author believes that the effect of the house purchase contract under the name should be treated differently.The occurrence of each behavior is not the same,there are different reasons for the purchase of a house under the name,and the validity of the contract should be determined by specific issues.A contract that circumvents a purchase restriction order is a genuine expression of the person who borrows the name of another person and the person being borrowed,and also meets the requirements for validity,and the contract should be deemed valid.Avoiding bank credit policy type contracts,evading bank credit only harms the interests of the bank,and does not really harm the interests of the public and others.Coupled with China's full respect for freedom of transaction and freedom of contract,such a house purchase contract under a name should be deemed valid.Contracts that circumvent the type of affordable housing policy.For example,if a house purchase contract and a house purchase contract are signed at the local time after the introduction of the housing policy,and there are multiple real estate under the name of another person who borrows the name,the income is also high,and it is not implemented through housing In the scope of the specific group of people to be protected at the beginning,it is also considered to be harmful to the public interest,and the contract should be invalid.A contract for the type of concealment or transfer of property shall be valid until the creditor exercises the right of revocation.After exercising the right of revocation,the contract is invalid.The fourth part is the ownership of the real property of the house.This article considers that when the contract is found to be invalid,the house involved in the case belongs to the right holder recorded in the real estate register,that is,the famous person is the ultimate owner of the disputed house.However,the two parties should bear their respective responsibilities,and the property acquired as a result of the invalid contract should also be returned to each other.The celebrity should return the down payment paid by the person who borrowed another person's name,the loan repaid,the residual value of the decoration,the appreciation of the house,and other losses.The person who borrowed another person's nameshould also be obliged to clean up the excess items of the house and return the house.When the contract is judged to be valid,the lawful rights and interests of the person who borrows the name of another person shall be protected without involving a third party,and the law shall allow it to file a lawsuit against the house.The fifth part discusses the protection of the interests of well-intentioned third parties and borrowers in the case of unauthorized disposal of houses by celebrities.This article considers and decides from the perspective of interest measurement,and sells the celebrities to the disputed house without permission.Human behavior is deemed to have no right to punish,and the subjective consciousness of the assignee of the disputed house is divided into goodwill and malicious.When it is malicious,the celebrity is still the nominal person of the real estate register,and the borrower shall be allowed to register for opposition and change,and safeguard the legitimate rights and interests of the borrower.When the assignee of the disputed housing is in good faith,their legitimate rights and interests shall be protected first.A person who borrows the name of another person can file a lawsuit to demand that the famous person compensate for the loss of the purchase price,repayment of the loan,the appreciation of the value of the house,and the residual value of the decoration due to contract breach.