Research On Legal Issues Of The Interests Protection Of The Buyers Of Borrowing Name To Buy A House

After the four decades of the reform and opening-up policy,China’s economy has achieved rapid development.Initially,the phenomenon of borrowing name to buy a house is often found in the two areas:the compensation for old city demolition and welfare house.In recent years,in order to curb the rapid rise of housing price in several cities,a series of measures have implemented,such as restrictions on orders and restrictions on loans.This triggered another outbreak of the phenomenon of borrowing name to buy a house.But also because of housing price’s rising,housing premium became a considerable interest.So some people who have been borrowed name will possess the house.The result is that disputes emerge in endlessly.The interest of the buyers of borrowing name to buy a house is in urgent need of protection.Therefore,this paper,based on the study of the referential thinking of the typical cases and finding its existing problems to put forward some suggestions through legal and related laws and regulations.This article is divided into the following four parts:The first part:the typical cases of borrowing name to buy a house.This paper starts from the typical cases,elaborating the legal thinking that:How does the effectiveness of the contract affect the interest of the buyer?Can the real buyer become the ownership?Can the premium of the house be owned of the real buyer?The second part:an overview of borrowing name to buy a house.To analyze the related legal problems,the first,we should define the conception of borrowing name to buy a house.Then this article will analyze the reasons and the types of borrowing name to buy a house.And we will analyze the legal basis and the theoretical basis of the validity of the purchase contracts.The third part:the legal protection status and existing problems of the interest of borrowing name to buy a house.There are three problems:cannot define the contract effectiveness will damage the interests of the real buyers,the real estate registration credibility makes it impossible for the buyer to obtain the ownership of the house,and the real buyer cannot claim all rights for a home premium.The forth part:the suggestions to protect the interests of the buyers of borrowing name to buy a house.This paper puts forward the suggestions into the following four aspects:determine the validity of a contract to buy a house,the disposition of home ownership when the contract is valid,and support the right of the buyer to pay a premium to the house in case of invalidation of the contract.Among them,the validity of the contract is divided into the valid situation and the invalid situation.The suggestions of the house ownership treatment are also divided into the situation of having the third party and not having the third party.