Study On The Judgment Basis Of The Disputed Purchase Of House

Traditional Chinese people believe that a house is a symbol of home.Only when you own a house by yourself can you feel at ease,so buying a house becomes the basic need of a family.With the development of the real estate industry,the demand for house has increased,and housing prices have also risen accordingly.In order to curb the growth of housing prices and protect the housing purchase rights of low-income families,the state and local governments have introduced a series of policies about restrictions in purchase and loan.In addition,policy-oriented housing such as affordable housing has been introduced to ensure the development of the real estate industry.However,some people buy houses in the name of others in order to achieve their own purchase purpose or to obtain other preferential evasion policies,resulting in the behavior of borrowing name to register house property.This situation will make the actual owner and the registered owner inconsistent.When registered owner regrets the purchase,or the situation of disposal the houses by the third party,here will cause a dispute.Disputes on buying a house under the other name are more and more prominent,but the judicial authorities failing to reach a unified ruling on the dispute over borrowing name to register house property,and the results of the rulings are also different.This article can be divided into six parts.The first part raises issues about the significance of choosing to buy a house by name,and summarizes the existing academic views.The second part leads to some typical cases.The case of buying a house by name will be type-analyzed according to the different purpose of buying a house by name,and the controversial issues in the judicial judgment of buying a house by name will be summarized.The third part explains the legal nature of buying a house by name.This part digs more deeply into the argument,discusses the people of borrowing name who contradicts with the third parties,and the people of giving name who contradicts with the third person.The fourth part defines the validity of the contract for buying a house by name,that is,whether the contract is valid or not is the basic prerequisite for adjudicating such cases.The fifth part researches the ownership of real right to buy a house by name from theoretical and practical aspects.The final part is some suggestions about completing this issues,expecting to do our best to solve the problem of buying a house by name.Therefore,this article analyzes from the perspective of empirical and academic theory,starting from the current state of judicial practice in the case of adjudicating a case of borrowing name to register house property,to analyzes the legal issues involved in such behaviors,then provides some reasonable suggestions and countermeasures.