| In recent years,the development of the real estate market in China has been too fast and the house prices have showed abnormal growth trend.Housing has increasingly become the important value of individual items.But there is phenomenon called borrow a purchase.It refers to the actual person use another’s name to buy a house.And also identity and register in the name of another person.The celebrity is the actual contributive person who actually buy the house.A celebrity is the one who lend the name to others to register and buy the house.On one hand,in order to control the local house prices,the country and local governments have issued a corresponding policy by restrictions or certain restrictions on the sale and purchase,so it is caused by name purchase phenomenon has increased dramatically;On the other hand,some people avoid tax policy or regulation,or in order not to let the outside world to know the status of the property hiding personal property,and buy houses in the name of another person so that making the borrow phenomenon happen.Such problems involve in the ownership of the house and if it is allowed to progress,it can have serious adverse effects.From the macroscopic,such disputes are increasing,and social contradictions increasingly prominent,it is implemented by the original intention of our country.The original intention is a registration system which protects the security of the trading market of deviating."property law" article 9 in China stipulates,as the elements of the effect of the changes in housing,houses are the most typical of the real estate registration system,and is not very practicable.The registration system will not cause certain impact.The seriousness of law will cause certain impact.Around the court is not unified,the result and the way of the treatment are different,producing the same case but different results.It affects China’s judicial authority,and hinders the process of our judicial reform.From microscopic,building as an important wealth of individuals,when the maintenance of the legitimate rights and interests of the parties can not get effective,it may cause individuals to judicial lose confidence in the judicial,and make some illegal behaviors for houses.Additionally,through the act of buying,the relevant interests are the acquaintances relations.The rights and obligations is not clear,and the dispute can not be solved,so it will lead to a breakdown in hisrelationship with family,colleagues,which influences family harmony,community,units,and has other far-reaching influences.But there is no specific law for such problem;the academic scholars have different opinions on the behavior and property,which related contract effectiveness and property rights issues.So such cases around the court in the judicial practice,because of the different thinking and standard,the local court has a different approach and a result,producing the same case but different results.To some extent,it affects the judicial authority,and hinder the process of judicial reform in our country.Aiming at this kind of phenomenon,the author hopes to have a legal analysis on property of borrowing a purchase,relevant contract effectiveness and the nature of the ownership and responsibility,in order to do a little contribution to the judicial practice to solve the dispute.The first part is general purchase behavior problems.Clear borrow name of the concept and characteristics of purchase behavior,and explore the causes of borrow of buying behavior,analyzing buying by name in the legal relationship of creditor’s rights and real right legal relationship.The second part,this paper discusses borrow a purchase of creditor’s rights and legal problems in purchase behavior.Firstly,on the one hand,through analysis the legal nature of the contract that buys a house.First of all,summarize the mainland scholars and Taiwan for the identification of nature of the contract that buy a house,in which Taiwan scholars tend to adopt "nameless contract say" the mainland scholars generally agree that this agreement is the unknown contract,of course,there are some different opinions.During analysis it is concluded that his own views of the nature of house purchase contract,namely the contract is a mixture of nameless contract to buy a house,and compared with the agency appointment contract,in the certain situations,it can consult applicable law of the People’s Republic of China contract law "the relevant provisions of the agency appointment contract.The second aspect,according to the controversial views,there are lists of academia and practice to borrow to buy contract effectiveness.This paper,the author’s own point of view.Namely it should be concretely analysis by the reasons and housing registration in the name of the properties of the different cognizance.The third part,the real right legal problems of borrows a purchase behavior.The author,first of all,states our country housing registration system as well as the real property registration credibility and constructive force expatiates on the definition and characteristics,and points out that the real estate registration effectiveness in house borrow situation of application;Secondly combining relevant laws and regulations as well as the practice and academia insights.The author demonstrate the effectiveness of the real estate registration should not be absolute;Finally,on the basis of the above analysis,from two aspects,the author discusses issues related to the ownership: whether to involve the third person of borrow at home buying houses is.The fourth part,borrow to buy dispute of judicial processing status and advice.First,this paper expounds borrow of housing disputes in judicial practice and the current situation of the treatment.And then put forward the correct understandings on the property,accurate policy provisions shall be applicable to the planning,the reasonable setting trial evidence rules,related liability in judicial processing advice. |
