Study On The Ownership Of Real Right In House Purchase By Borrowed Name

In recent years,the occurrence of house purchase by name is frequent,and the number of house purchase dispute cases by name is also increasing.The house purchase real right confirmation disputes mainly involve the use of the name to buy ordinary commercial housing,limited purchase,limited loan housing and affordable housing three circumstances.There are great differences in the court’s identification of the ownership of real property in the name of the house,mainly the real right,creditor’s rights,the real right to expect the right to say,at the same time whether the contract has legal effect is the premise of whether the celebrity enjoys the real right.Through the analysis of the dispute of ownership of real right,it is found that the main reasons of “different judgment in the same case” lie in the absence of legislation,the discretion standard of similar cases is not uniform,and the protection of the legal rights and interests of the debtor is obviously ignored in the process of hearing.It is necessary to discuss the validity of house purchase contract with borrowed name as the cause of creditor’s right under the premise that we do not recognize the causality of real right act.First of all,the house purchase contract under the name does not belong to the “false expression of collusion”,nor does it constitute “malicious collusion to damage the legitimate rights and interests of others”.The real estate control policies evaded by the parties in the name of the house purchase belong to the scope of departmental rules and local regulations,so it is not possible to deny the validity of the contract on the grounds of “mandatory provisions of illegal laws and administrative regulations”.Parties to buy affordable housing in the name of the house,and to obtain economic benefits for the purpose of the name of the purchase limit,limit loans,because of the damage to the policy itself want to protect the social interests,can violate the principle of public order and good custom on the grounds that the name of the purchase contract is invalid.Secondly,our real right ascriptions pursue real right legal doctrine,celebrity is the legal form of ownership,borrowing celebrities can only enjoy the request celebrity cooperate with the performance of the contract obligations of creditor’s rights.This is the name of the real intention of the parties in the purchase contract,but also the real estate registration as the significance of public trust requirements.Our country does not specify the right status of “real right of expectation”,and borrowing the right of celebrities does not conform to the requirements of the right of expectation form.In view of the identification of the real right ownership of house purchase in borrowed name,we should improve the relevant legislation of the validity of house purchase contract and the real right ownership identification,unify the judgment standards,and strengthen the protection of the legitimate rights and interests of celebrities,so as to reasonably balance the interests of all parties and promote the healthy and orderly development of the real estate market economy.