Study On The Legal Prevention Of Buying House Risk Under The Name

It can be seen from the data retrieved from the website of China Judicial Documents that since the enactment and implementation of the Civil Code,the annual number of disputes caused by the behavior of buying houses under the name of the People’s Republic of China still amounts to thousands of cases,which can be seen that the number of cases is huge.At the same time,due to the lack of clear guidance of legal norms,the judicial results in practice are not the same.After sorting out and analyzing,the court’s disputes on this behavior mainly focus on three aspects: the qualitative behavior,the validity of the contract and the ownership of the house involved,and the definition of the above dispute focus is directly related to the success of the rights protection of the celebrity.Therefore,as the main risk bearer,how to protect the interests of the celebrity has always been the focus in practice.However,the previous discussion mainly focuses on the relief after the event,but neglects the prevention in advance.In this regard,the author thinks: on the one hand,we should focus on prevention in advance.Taking the risk Angle as the entry point,the risk analysis will run through the whole process of buying a house under the name,so as to provide risk prevention suggestions for celebrities to avoid disputes;On the other hand,attention should be paid to ex post relief.Clarify the definition standards of the above dispute focus,eliminate the court’s inconsistent rulings,so as to provide clear guidance for the doer and enhance judicial credibility.In short,only the combination of prevention and relief can reduce disputes and promote the stability of social order.In addition to the introduction,this thesis includes the following four parts:Part One: Overview of buying a house by name.This thesis mainly introduces the concept,nature,causes and problems of buying a house by name.The act of buying a house by name contains two layers of legal structure,that is,the act of buying a house by name and the act of buying and selling a house by name.At present,the Civil Code of China does not have a clear definition of the legal nature of the act by name,so it should be distinguished and recognized:when a celebrity makes a contract with other countries,relevant provisions of the commission contract shall be applied;When the name of a famous person is used to make a contract with foreign countries,the relevant provisions of anonymous contracts shall apply.The second part: the legal analysis of the risk of buying a house under the name.The thesis analyzes the risks in the process of buying a house in a borrowed name,that is,it involves the risk of celebrity denying the risk of buying a house in a borrowed name,the risk of buying a house in a borrowed name is identified as invalid,the risk of celebrity disposing of the house without authorization and the risk that the third party claims to enjoy the right to the house.In the discussion of the above risks,this thesis selected the cases of the recent three years as research samples,and summarized the risks faced by the celebrities,the judicial attitude in the trial practice and the existing problems,so as to lay the foundation for the fourth part of the prevention and relief measures.Part three: Investigation and reference of relevant system of buying house in foreign name.This thesis mainly investigates the overseas system related to the act of buying house under borrowed name,including the effect of the act under borrowed name and the protection of the real estate owner.Based on this,the author puts forward new ideas to solve the problem of borrowing house name: First,our country can establish other methods of publicity besides the registration;Second,we can increase malicious registrants protection exclusion rules.The fourth part: the legal prevention of buying a house in the name of risk.This part puts forward the corresponding legal risk prevention suggestions,and summarizes from the legislative,judicial and personal prevention three aspects.The specific content is as follows: on the one hand,focusing on prevention in advance,this thesis combines the residence right system newly established in the Civil Code,and proposes that celebrities can protect their rights and interests through the establishment of residence right;At the same time,it also proposes that the doer should sign a written contract,improve the awareness of evidence collection,and the administrative organ should perform its duties carefully.On the other hand,it improves the ex post relief,including improving the relevant legislation,unifying the judicial application discretion rules and improving the relevant burden of proof.