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A Study On The Ownership Of A House In A Borrowed Name

Posted on:2022-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y C GuoFull Text:PDF
GTID:2516306332978759Subject:Law
Abstract/Summary:PDF Full Text Request
Housing affairs have respect to people's happiness and welfare,are concerned about the national economy and the people's livelihood.In the wake of the development of the real estate market,various chaotic phenomena occur in the real estate market including real estate speculation and speculative purchases due to some symptoms that are peculiar to real estate market.The central and local governments enact various policies successively to regulate chaotic phenomena in real estate market,thus changing the status quo,making sure that real estate market can develop steadily.However,problems still exist under the framework of existing laws and regulations.Buying a house by name can be one of many problems.Buying a house by name means that one party borrows the name of the other party to purchase a house and registers the house under the name of the other party.The publisher is the registered nominee and the borrower is the actual investor,the act of buying a house under the name of the borrower leads to the existence of two potential "owners" of the same house.In recent years,with the continuous increase in housing prices and many other reasons,the number of disputes arising from buying houses under the name of a house has risen linearly.The parties may seek private remedies,administrative remedies or resort to litigation,but no matter what means are sought,neither party is ultimately involved.Do not focus on the ownership of the house.In order to properly resolve the ownership issue of house purchases by name,this article attempts to construct the ownership of houses involved in different types of house purchases by name,and provides some suggestions for the settlement of disputes over ownership of house purchases in my country.The full text is divided into three parts.The first part mainly discusses the raising of disputes over the ownership of house purchase by name.The focus of this part is to organize and analyze big data on the "buying by name" judgment documents of the openlaw judgment document database in the past five years,and classify them according to different types of property purchase behaviors to lay a foundation for clarifying ownership disputes between the parties.The second part is to probe into the necessity of defining the ownership of house purchase by borrowed name.From the perspective of safeguarding citizen's property rights and social order,it discusses the definition of ownership of house purchase by name.The third part is concerned about the thoughts on perfecting the determination of the ownership of house purchase by borrowing name.Through the establishment and improvement of legislation,strengthen the administrative supervision of the determination of the ownership of the purchase of houses under the name,and unify the judicial standards for the determination of the ownership of the purchase of houses under the name of the three angles,we propose perfect measures for the current disputes about the ownership of the purchase of houses under the name of our country.
Keywords/Search Tags:House purchase by name, proprietary rights, ascription
PDF Full Text Request
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