A Study On Legal Issues Concerning The Ownership Of Housing In The Case Of Buying A House By Others' Name

Local governments have imposed many restrictions on the the real estate market.In order to avoid policy or covet the favorable price,some people buy a house in the name of another person.This phenomenon now causes the dispute over the attribution of house ownership.There is no clear rules as a reference while the judge handling these cases,which lead to different verdicts and affect the judicial justice.In this paper,through the ownership dispute confirmation case of Zhang Xiaoqi appeal GaoYuan,which leads to the court in dealing with the problems existing in the related cases.And giving some reasonable suggestions through elaboration,hope to offer to help China's current judicial decisions.In this paper,first of all,the case is introduced.Through the brief introduction of the case,three controversial focus are put forward in this paper,which include the establishment issue of buying a house by others' name;the effectiveness of the contract in buying a house by others' name;the judgment of house-ownership to buy a house by others' name.Next,this paper demonstrates the establishment of the relationship of buying a house by others' Name.It includes three parts: the normative analysis of the behavior character of buying a house by others' name;the identification of the establishment of buying a house by others' name in judicial practice;the suggestion on the behavior identification of buying a house by others' name.Then,the paper introduces the affirmation of the contract validity of buying a house by others' name.Through the introduction of the relevant theory of law,bring up the current two views on the effectiveness of buying a house by others' name,which are views insist on invalidation and validation.And the paper puts forward some suggestions on the effectiveness affirmation.In the last part,the paper focuses on the attribution of the house ownership.First,it introduces the relevant theory of law,such as the distinction between the real right and legal right.Then,it lists some types of judgments in judicial practice.Finally,the paper puts forward some suggestions on the identification of house ownership under the behavior of buying a house by others' name.And it includes two cases,namely,the condition where the behavior is valid and the condition where the behavior is invalid.