A Study On Legal Issues Of The Contract Of Borrowing Name To Purchase House Property

Evading the home-purchase restrictions and the credit limit policy are the cause of borrowing name to Purchase house property.In judicial practice,it is easy to make the contract disputes of borrowing name to Purchase a house.But there is no clear criterion for resolving disputes.This article takes the judicial practice of the contract disputes of borrowing name to Purchase a house as the perspective,and on the basis of careful study of cases and Literature,striving for clear standards to achieve the same case same adjudgement.The first chapter of this paper takes the typical contract disputes of borrowing name to Purchase a house as a starting point,and from the court’s cognizance on the ontractual relationship of borrowing name to Purchase a house,the judgment of the validity of the contract of borrowing name to buy a house,the scope and dispute of the application of the Cause of a contract of borrowing name to Purchase a house,the judgment of the court of contract disputes of borrowing name to Purchase a house,four aspects are discussed.The second chapter of this article,mainly discusses the nature of the contract for borrowing name to Purchase a house.In the academic world,the nature of contract borrowing name to Purchase a house is mainly about the brokerage,trust,agency,commission and nameless contract.Based on the analysis of the above theories,the author agrees that the contract borrowing name to buy a house is an anonymous contract.The third chapter of this article,on the basis of a brief description of the characteristics of the model of the change of property rights in the continental law system,discusses the ownership of the property right under the contract borrowing name to buy a house,in the mode of the creditor’s rights formalism.When the contract borrowing name to buy a house is valid,the house involved belongs to the actual housing buyer.When the contract borrowing name to buy a house is invalid,the house involved belongs to the nominal housing buyer.The fourth chapter of this article,a debate on the nature of the dispose of the property-the house,the Validity of unauthorized disposal,the consequences of unauthorized disposal,all three aspects are discussed about the legal consequences of the dispose of the property-the house by the nominal housing buyer.