The Legal Analysis Of A Case Of Purchasing Demolition And Resettlement House By Other's Name

The behavior of borrowing name to buy a house is quite common in the practice of real estate transaction in China.A series of disputes caused by this have become prominent cases in the judicial trial and also become hot issues in the society.However,even up to The Draft of The Civil Code,there is no reference to some of these issues.The recorded ownerships in the register of real property give index of house purchase to the borrower who used to purchase the demolition and resettlement house.in the sample case The house traded is not a affordable commercial house.At the same time,it is not the case that the celebrity usually dispose of it,but the dispute caused by the borrower selling the house to others without the registration of transfer.The case not only involves the gift contract,but also involves the unusual real estate transfer process,which has certain complexity.This paper is divided into three chapters to mainly discussed the validity of the contract,the ownership of the house and the disposal of the real estate.The first chapter briefly introduced a typical case in judicial practice,and summarizes the focus of the dispute through the argumentation process of the trial court and the applicable legal basis;the second chapter,according to The Property Law and The Contract Law,The Provisional Property Registration Regulations and The Law of Land Administration of the People's Republic of China revised in 2019,analyzes the indicators in the disputes over the purchase of demolition and resettlement houses by borrowing names in China the validity of transfer and borrowing contracts and how to judge the ownership of the real right of the house whether or not involved in the case by the third party are analyzed.According to the presumption of the real estate register,the famous person is presumed to have the ownership of the house by law,and the legal logic reasoning is made on the nature and effectiveness of the act of disposing the house involved in the case without authorization by the borrower,it is considered that such behavior should be defined asthe impersonation behavior of dispose real estate,and analogy application of apparent agency system to protect the buyer in good faith.The third chapter analyzes the introduction of the case and combines with my own experience In order to protect the interests of bona fide purchasers and maintain the order and safety of transactions.At the same time,it is suggested that the legislator should based on the national conditions and reality,adapt to the requirements of the Time,and pay attention to the value of judicial experience to the compilation of The Civil Code.It is also hoped that legal workers can reach a consensus on the issue of borrowing the name to buy houses for demolition and resettlement,and deeply understand the legal principles,so as to protect the interests of bona fide buyers and maintain the order and security of real estate transactions.