Research On Effect Of Name-borrowed House Purchase

As an important means of subsistence for people's daily life,house is of vital significance to people in the society.Investment value of houses,as a type of real estate,also becomes one of the important reasons for people's house purchase.However,in order to regulate and control the real estate market and restrain rapid growth of house prices,the government would issue related policies for macroscopic regulation of practical house transactions.Meanwhile,to guarantee people's livelihood,the government would set limits for purchase qualification of affordable housings such as economically affordable housings.Due to these policies,some people unqualified for house purchase would buy houses under the name of subjects qualified for house purchase,which is also known as name-borrowed house purchase.At present,China has not set specific provisions for such behavior,so related disputes emerge one after another.In the face of these of disputes,there is no uniform judgment manner for judicial practice.In view of different considerations,the judges would hold different views towards the emerging disputes and give different judgments.Scholars also raise debates about name-borrowed house purchase.The author discusses legal issues concerning such behavior and then proposes personal views towards house ownership in name-borrowed house purchase.Name-borrowed house purchase means that: when a name borrower is unqualified for house purchase,he would reach an agreement with the name lender,buy a house under the name of name lender and register the house under the name lender's name,while the name borrower is the actual owner and ruler of the house.As for this behavior,the house is registered under the name lender's name,so the name lender shall transfer ownership of the house to the name borrower as agreed by both parties.However,disputes emerge in practice when the name lender goes back on his word or refuses the ownership transfer due to huge tempt from the house value increment.In conclusion,name-borrowed house purchase involves problems such as whether the name borrowing agreement between name borrower and name lender is legal;how to measure the effect of name-borrowed house registration in the perspectives of name borrower and name lender;how to protect interests of a third party if the name lender disposes the house registered under his name to the third party.The paper lays stress on these problems which must be solved during discussion of effect ofname-borrowed house purchase.The paper is divided into 4 parts:The first part gives introduction to status quo of name-borrowed house purchase.The author analyzes concepts and specific types of the behavior and then summarizes occurrence reasons and potential risks of it.At first,the author introduces concepts of name-borrowed house purchase and summarizes basic constitution.Secondly,this part summarizes types of practical name-borrowed house purchase and divides it into house purchase of actual house buyer and house purchase of name lender.Name-borrowed house purchase is mainly attributed to avoidance of purchase restrictions and national house purchase policies,etc.Name-borrowed house purchase may cause the following risks: the name lender denies the name-borrowed house purchase;the house would be disposed by compulsory measures;the name lender may bear credit burdens due to the name-borrowed house purchase,etc.The second part mainly discusses legal relationship of name-borrowed house purchase.Firstly,the author discusses legal relationship of the name borrowing agreement and proposes personal views towards legal natures of name-borrowed house purchase based on legal relationship of the name borrowing agreement.At first,this part introduces the name borrowing agreement,compares it with similar behaviors such as agent relation,commission and entrustment and deems it as the essential undisclosed agent relation.Secondly,through analysis,the author deems name-borrowed house purchase as the combination of innominate contract and nominate contract,namely a combined contract.The third part discusses effect of name-borrowed house purchase.The author believes that name-borrowed house purchase is composed of name borrowing agreement,house trade contract,name-borrowed house registration,house disposition by name lender after house registration,etc.First of all,the author discusses effect of the name borrowing agreement and deems the agreement to be valid when it obeys the principle of autonomy of will.When the name borrowing agreement involves different types of meaning expressions,its effect shall be judged according to different types of meaning expressions.Secondly,each house trade contract,no matter whether it is concluded by the name borrower or name lender,must be deemed to be valid if it could satisfy the requirements for contract validity,does not go against legal prohibitive regulations,and could conform to public orders,good customs and public social interests.Thirdly,the author makes analysis based on real estate registration systems,real right of things and real right of laws,believing that effect of name-borrowedhouse registration is not absolute,while the name lender can present evidence to deny it.In the end,this part discusses effect of the name lender's house disposition.If a third party knows facts of the name borrowing agreement,the name lender's behavior is deemed as unauthorized disposal.If the third part does not know facts of the name borrowing agreement,effect of the name lender's house disposal would be judged according to whether he house is transferred to the name lender's name.The fourth part analyzes how to determine the house ownership.The author conducts the analysis based on whether the name borrowing agreement is valid and discusses the problem according to whether a third party's ownership of the house is involved.When the name borrowing agreement is valid and does not involve any third party,the house belongs to the name lender.If the third party is involved and shows subjective goodwill,the house belongs to the third party.When the name borrowing agreement is invalid,the house belongs to the name lender,while debtor-creditor relationship takes shape between the name borrower and the name lender.