Research On The Effect Of The Behavior Of Borrowing Other's Name To Buy House

The problem of house is an important problem concerning people life.It is related to the life of thousands of families and an important basis for people life.The clarity of ownership of house will be related to the stability of society and development of economic.Forty years of reform and opening up,The legal system of China about land and house has been gradually developed and completed.This is a reflection of development of economic and society of China.It has played a positive function in the development of economic and society and provided protection for the life of people.In recent years,with the rapid development of the economic,the price of house have also grown at a rapid rate,which has spawned speculative behaviors of people.In real life,some people rely on the name and qualifications of others to buy houses,which based on the reasons of avoiding restriction policy of purchasing of house,obtaining more favorable qualifications of purchasing of house,concealing the real status about property,and reducing the burden of tax.The involvement of multiple legal subject and multiple legal relationships has also seriously affected the security and stability of transactions.This article will concentrate on the causes of the problem,and then reveal the nature and validity of the contract for borrowing other's name to buy house,and study the application of the real estate registration system.On this basis,judge the final ownership of the house in the case where the contract isvalid or invalid.In the case where the contract is valid,it is divided into the third person and without the third person.Based on this and based on writer's own thought,combined with relevant literature,Then put forward corresponding legal regulations about the legislative level and the judicial level.The first chapter mainly introduces the contents of two parts to analyze the behavior of borrowing other's name to buy house.The first part is an overview of the behavior of borrowing other's name to buy house,mainly introduce the definition of of borrowing other's name to buy house,the reasons of borrowing other's name to buy house.The second part analyzes the disputes arising from borrowing other's name to buy house,mainly summarizes the existence of the person who lend his name deny the fact of people who borrowing his name to buy house,the unauthorized disposition of the house and the enforcement of the disputed house.The second chapter mainly analyzes the validity of the contract for borrowing other's name to buy house and the validity of the contract for the sale of the house,so as to comprehensively analyze the determination of the contract effect in the act of borrowing other's name to buy house.Among them,mainly based on the principle of autonomy of will and the content of Article 52 of the "Contract Law of the People's Republic of China" as the entry point to analyze whether the contract for the purchase of a house by borrowing other's name is valid or invalid.The third chapter mainly analyzes the identification of the ownership of property rights in the act of borrowing other's name to buy house.By analyzing whether the contract for borrowing other's name to buy house is valid or not,the vesting of the house is analyzed and identified one by one,and in the case where the contract for borrowing other's name to buy house is valid,the discussion is based on whether the third person is involved.Based on the above analysis and the thought of myself,combined with relevant literature,the fourth chapter proposes corresponding legal regulation about the legislative level and the judicial level to face the problem of borrowing other's name to buy house,in order to protect the legitimate rights and interests of the parties better and stabilize the trading order of real estate market and promoting equity of society.