Research On The Ownership Of House Ownership In The Act Of Purchasing House Under The Guise Of Name

Mencius said:Those who have constant birth have perseverance,and those who don’t have permanent birth have no perseverance.The fluctuating housing prices have always affected the hearts of all Chinese people.As a permanent property in the new era,the importance of houses to the Chinese people is self-evident.Therefore,the state has made a policy that everyone can have a "constant property",such as the introduction of measures on purchase restrictions,affordable housing,and shared property housing,but this has led to some other problems,such as the "buy a house by name" discussed in this article.".Due to restrictions on the conditions for purchasing houses,the borrower will choose to borrow the name of the lender who meets the conditions for purchasing the house,and purchase the house in the name of the lender.For the possession and use of the house,after the borrower meets the conditions for purchasing the house,it is agreed that the owner will transfer the ownership of the house to the name of the borrower.But also because the house has great economic value,the famous person often fails to register the transfer house according to the agreement,so disputes arise.However,the current law does not clearly stipulate the purchase of a house by name.The courts in various regions and the courts of first instance,second instance and even retrial in the same area will make completely different judgments,which seriously damages the judicial authority and causes the interests of the parties to be unavailable.To safeguard.The act of buying a house by name consists of three parts:the signing of a loan contract between the lender and the lender,the house sales contract signed by the house seller and the lender,and the house registration.The theoretical community signs a loan contract between the lender and the lender.There are extensive studies on the validity of,but this article finds that even if the contract of borrowing is found to be valid,it will still produce different judgment results.In the two parts of the house sale contract and house registration,the house sale contract does not violate the invalidity of Articles 146,153,and 154 of the Civil Code,and is a valid contract.In the case that the cause of the property right change is that the house sale contract is valid,there will still be different judgments that judge the house as a celebrity or a borrower.Therefore,there are situations in which the judgment of the subject of the house sale contract is unclear in the judicial judgment..Therefore,the borrower is divided into two situations whether the borrower is qualified to buy a house.When the borrower does not meet the conditions for buying a house,the house seller’s intention to sell the house is directed to a specific subject.At this time,the subject of the house purchase contract should be identified.Is a celebrity and a house seller.When the borrower meets the conditions for buying a house,and the house seller does not know the existence of the loan contract,as a large transaction house,the object of the house seller’s transaction should be specific.The existence is not known,and it is not easy to determine that it has expressed the intention to sell the house to the borrower.The main body of the house sales contract should be the seller and the house seller.When the house seller knows that there is a loan contract,he should refer to the indirect agency.It stipulates that the subjects of the house purchase and sale contract shall be the borrower and the house seller.After finding the subject of the house purchase contract,analyze the results of the house registration separately,and make recommendations for the protection of the borrower in view of the three situations that exist in the subject of the house sale contract.