Legal Research On The Issue Of Buying A House By Name Based On The Distinction Between Creditor's Rights And Property Rights

In recent years,the act of buying a house under a name has become a common phenomenon in social life,and the reasons are usually to evade national laws or policies,enjoy specific conditions for buying a house,hide property or evade debt.The generalization of the behavior of buying a house by name inevitably leads to a multiplicity of disputes about buying a house by name.Looking at the disputes caused by buying a house by name,it is all about the disputes over debts and property rights.The focus issue in the credit dispute is the dispute between the borrower and the celebrity about the effectiveness of the mortgage purchase agreement.The focus issue in the property dispute is the dispute between the borrower,the celebrity,and the third party about the ownership of the target house.This article starts from the basic issues involved in the behavior of buying a house under the name,and based on the definition of buying a house under the name,analyzes the identification requirements for the relationship of buying a house under the name and the legal relationship involved in the behavior of buying a house under the name.The reasons behind the generalization,the elaboration of these basic issues lays the legal foundation for the proper settlement of the dispute over the purchase of a house by name.Secondly,it analyzes the legal basis behind the settlement of the dispute of buying a house under the name,and the clarity of the legal basis provides a legal analysis and solution path for the dispute of buying a house under the name.In the field of civil law,the basic principle of law is the principle of autonomy of private law,and the legal tool for realizing autonomy of private law is the theory of legal behavior.distinguish.As the relative right,the creditor's right determines the relativity of the creditor's right contract,while the real right as the absolute right determines that the real right must be publicized,and the credibility brought by publicity is a presumed effect.In essence,the settlement of the dispute over the ownership of real rights is the priority protection and corresponding compensation after the interests of all parties are balanced.On the basis of jurisprudence analysis,the author divides the disputes involved in buying a house under a name into issues of creditor's rights and real property,and according to the different parties involved in buying a house under a name,it is divided into situations that do not involve the interests of third parties and third parties.Benefit situation.Through a comparative analysis of the nature of credit behavior with other behaviors,it is believed that the nature of the credit behavior between the borrower and the celebrity should be identified as an anonymous contract,and the effectiveness of the credit behavior between the borrower and the celebrity depends on the nature of the house purchased Different types of creditor's rights to purchase policy-guaranteed housing under names are invalid,and creditor's rights to buy ordinary commodity houses under names are valid.In the act of real rights,based on the distinction between factual real rights and legal real rights,the static order should be prioritized between the borrower and the celebrity to protect the factual real rights of the borrower,and the priority between the borrower and the third person should be prioritized.Maintain dynamic security to protect the legal real rights of third parties.In the end,based on the discussion of the distinction between creditor's behavior and real-estate behavior,and combining the relationship between creditor's behavior and real-estate behavior,the author gives a type of legal solution to the dispute in buying a house under the name.Under the premise of a valid house purchase agreement(debt behavior)signed between the borrower and the celebrity,the factual property rights of the borrower should be protected first when the third party's interests are not involved,and when the third party's interests are involved,Priority should be given to protecting the legal real rights of third parties.When the borrowed house purchase agreement(debt behavior)signed between the celebrity and the celebrity is deemed invalid because of damage to the public interest,the ownership of the subject house should be deemed to belong to the celebrity when the third party's interests are not involved,The interests of the third party shall insist on protecting the ownership of the target house determined by the legal property owner to the third party.