The Confirmation Of Property Right Of Purchasing The Real Estate By Other's Name

On some purposes,one person(the real investor)will make an agreement with another person(nominee),which is registering the real estate by the name of the nominee after the actual buyer have paid the bill.Thus,holding the legal real right but making the real estate registration in the name of others is “purchase the real estate by the name of another person”.This thesis will make discussions on the issues of it.The thesis is divided into six parts.The first part is the introduction,which starts from the case and leads to the following discussions.The phenomenon of purchasing the real estate by the name of another person exists a lot in real life.And it sometimes leads to some debt and property disputes between the two parties.In judicial practice,the courts have different ideas in the validity of the contract between the two parties.Summarizing the legal theoretical dispute points from these cases and will discuss them later depending on those differences.The second part is about the definition of the act which contains the agreement to register under the nominee.Firstly,the basic content of using another person's name to purchase a real estate will be explained.Secondly,this kind of act will be compared with its similar legal actions(such as principal-agent,complicity intention,intention reservation,beyond-law behavior and anonymous investment),and then analyze their similarities and differences.Finally,make a conclusion of the character of the act which agrees the registration under the nominee.The third part is the exploration of the change of real property rights.This part firstly discusses the change of property rights.It analyzes the characteristics of the change mode of China's property right by comparing with other countries' and regions'.The creditor's rights formalism is the change mode of China.The change of real right needs two procedures,which named "meeting of the minds" and "publication".There are two contracts involved in the act which contains the agreement to register under the nominee.One is the contract between the real investor and the nominee,and the other one is the real property contract between the and the developer.Then focusing on the validity of the contract of real estate business.Finally,putting forward the view on the ownership of the real property in the real property transaction part.The forth part is the confirmation of property right between the real investor andthe nominee.It firstly discusses the character and the validity of the contract which agrees to register under the nominee.After summarizing the viewpoints of theoretical and judicial circles on the validity of the contract,including Taiwan and mainland China,putting out the ideas.Moreover,making confirmations of property right between the real investor and the nominee and putting forward the legal remedies in two situations which are under valid contract or invalid contract.The fifth part is the confirmation of property right when the third party appears.The third party contains the one of the transactions and the one out of the transactions.The latter one which will be discussed in the thesis is the heir of the real investor or the nominee.After the confirmation of property right,pointing out the legal remedy for the injured party.The sixth part is the conclusion.This part is mainly to overall summary of the above,to reiterate this thesis' s viewpoints through the confirmation of property right during each part of purchasing the real estate by the name of another person and in the situation of involving the third party.Moreover,putting forward corresponding legal remedy for those injured parties in judicial practice.