The Study On The Legal Effectiveness Of Purchasing House By Borrowing Other's Name

With the rapid economic and social development of China and the continuous improvement of the national income level,the real estate market has become extremely hot.Housing is not only the material foundation to meet people's basic living needs,but also an alternative investment tool.In the situation of rising housing prices due to realestate speculation,a series of policies such as purchase restrictions and loan restrictions have been launched by central and local authorities in order to curb the real estate industry bubble.At the same time,to solve the housing difficulties of low-and middle-income families,affordable housing,two-limited housing,shared property housing,fund-raising housing,and joint-built housing are constantly being introduced.Although the above measures have curbed the irrational development of the real estate market to some extent,the legal issues of purchasing house by Borrowing Other's Name also came.Purchasing house by borrowing other's name means that the parties with real purchase intentions cannot purchase a house in their own name due to subjectiveand objective reasons,so that borrow someone else's name to achieve the purpose of purchasing house.Once the borrower meets certain subjective and objective conditions,the lenders of name cooperate to complete change of real right.How to effectively resolve disputes caused by purchasing house by borrowing other's name is a difficult problem in current judicial practice.On the one hand,there is no direct legal basis in current laws.On the other hand,there is no authoritative theory to guide the interpretation of the issues.As a result,it appears that verdicts of courts in different districts and even the same court in different periods,in practice,have been quite different.In view of this,these issues still have great research value and significance.This article is mainly divided into four parts for research and the structure is as follows:The first part is the verdict analysis of the behavior of purchasing house by borrowing other's name.First,define the behavior of "borrowing names" by explaining the behavior of purchasing house by borrowing other's name,and systematically sort out the legal relationships involved so as to clarify research focus and research direction.Then,sorting out and analyzing the status of judicial rulings of purchasing house by borrowing other's name through the collation and analysis of judgement cases,and summarize the court's attitude towards the validity of the contract ofpurchasing house by borrowing other's name,the determination of ownership,and the basis of adjudication.The second part is the nature of the contract of purchasing house by borrowing other's name and its legal application.This section conducts research from two aspects.First,sort out the different theories of the behavior of purchasing house by borrowing other's name.These theories mainly include anonymous contract theory,agency theory,commission theory,trust theory etc.Second,based on the analysis of various doctrines,the behaviour of purchasing house by borrowing other's name is compared with similar legal acts.This paper considers that the contract is an anonymous contract and applicable to relevantlegal provisions on anonymous contracts.In addition,the behavior of purchasing house by borrowing other's name is based on the mutual trust between the borrower and the lender of name.Lenders act for the benefit of borrowers.Therefore,it should also apply to legal provisions on commission contracts.The third part is the analysis of the effectiveness of the loan contract.For the validity of the contract of purchasing house by borrowing other's name between the borrower and lender of name,there are three main academic viewpoints: the theory of validity,the theory of invalidity,and the theory of compromise.the analysis of the effectiveness of the loan contract is on the basis of a critical analysis of the various theories,considering the principle of autonomy and the theory of false meaning in�General Principles of Civil Law'and Article 52 of �Contract Law'.The analysis shows that the determination of the validity of a contract of purchasing house by borrowing other's name should be specifically considered based on factors such as the contract form,the content of the contract,the purpose of lending name,and the nature of the purchase.Besides,the judge should respect the parties' true intentions and autonomy.Validity is the principle and invalidity is the exception.The fourth part is the analysis of ownership in the behavior of purchasing house by borrowing other's name.Based on factors that Whether a third party is involved(a lender's counterparty when selling a house),This part conducts research on the two-sides structure(not involving a third party)and the three-party structure(involving a third party).In the two-sides structure,property ownership should belong to the borrower,from the perspective of the principle of autonomy of the will,the non-absolute validity of the presumption of real estate registration,and the protection of real right in fact.In the three-party structure,if a third party has fulfilled a reasonable and prudent obligation and paid reasonable funds,and has changed the real right and obtained ownership in accordance with the law.The bona fide third party is the owner of the house.This determination is conducive to maintaining the order of real right transactions and better balancing the interests of the parties.