Research On The Legal Issues Of Registering House Property In Other People's Name

In practice,in order to avoid the relevant laws,regulations or policies,the actor will take another channel to achieve his own purpose,which is the phenomenon of borrowing others' name to register house property.Borrowing name to register means that one buys a house in others' name so the house is registered in others' name,but by actual buyer to possess,utilize,seek profits from and dispose of the behavior.In recent years,due to the faster pace of increase in housing prices,under the temptation of the great value of the house,it is easy to breed the lender to back out and even dispose of the house so that the dispute emerges.Therefore,this paper studies it,how to determine the validity of the borrowing name registration contract and the ownership of property rights will be the focus of this paper.In addition to the introduction and conclusion,this paper is divided into five parts: The first part briefly introduces the phenomenon of borrowing name to register house property.Through the analysis of the existing cases,this paper analyzes the status quo of the court judgment in the dispute of the borrowing name to register house property,that is,the qualitative of the borrowing name registration contract is not uniform,the result of the validity of the borrowing name registration contract of the house is inconsistent,and the result of the property ownership decision is quite different.Finally,from these differences,it is necessary to draw out the legal problems in this paper,namely,the contract identification,validity judgment and property ownership of borrowing name to register house property.The second part analyzes the nature of the borrowing name registration contract.Due to the high similarity of the borrowing name registration contract between Chinese Taiwan and mainland China.By comparing the viewpoints of scholars and practitioners on both sides of the Taiwan strait,it can provide reference for the identification of the borrowing name registration contract in mainland China.In this paper,by taking a reference to the nature of the Chinese Taiwan,combining the views of the mainland scholars,the article 124 of the<Contract Law of the People's Republic of China>,it says that the contract should be an unknown contract,but analogy applies the rules of commission contract which is the most likely.The third part focuses on the validity of the borrowing name registration contract.The biggest differences in the validity of the contract in the judicial practice is the application ofarticle 52 of the <Contract Law of the People's Republic of China>.The object of this kind of contracts can be divided into policy guarantee housing and ordinary commercial housing and the two types of the effectiveness of the contract is discussed separately in this paper.The borrowing name registration contract of the policy guarantee house takes the economically affordable housing as an example to make the judgment.After the demonstration,it is concluded that the borrowing name registration contract of the economically affordable housing for the application should be invalid according to article 52,paragraph 4,of the<Contract Law of the People's Republic of China>.Instead,that judgement on the validity of the borrowing name registration contract of the ordinary commodity house is still according to the article 52 of the <Contract Law of the People's Republic of China>,and it is not advisable to identify the validity of the contract by Policy rules.The fourth part is the focus of this paper.The most difficult thing is how to determine the ownership of a disputed property when nominal register is not consistent with the real holder of the real estate.The indeed property right's theory provides a reasonable solution to this dilemma.According to the indeed property right 's theory,the borrower is the real right holder and enjoys indeed property right.The lender is registered as the nominal person and enjoys legal property right.In addition,the presumption of the real estate register means if there is contrary evidence to prove that the registration is not consistent with the real holder of the real estate that force can be overturned.Therefore,it can be proved that there has relationship of borrowing name to register house property existed between the lender and the borrower,and thus proving that the borrower is a real right holder.When don't involve a third person,the borrower may request a court to confirm that he is a homeowner.The fifth part mainly discusses the interests of the borrower and the interests of the third party who should be protected preferentially by the law.In the case of a nominal person disposing of a house,in order to protect the trust interests of the bona fides third party,and to safeguard the security of the market transaction,the bona fides third party should be deemed to acquire the ownership of the house.