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On The Legal Effect Of Purchasing Estate On A Borrowed Name

Posted on:2018-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z W LiFull Text:PDF
GTID:2416330569475642Subject:Law
Abstract/Summary:PDF Full Text Request
The "price" and "restriction" these words appear frequently in people's daily life in recent years become a high-frequency words,then reflects the people for housing this important life data of the cut and the degree of concern for the government in the housing market.In order to guarantee the people's basic living rights,the government has introduced a variety of housing prices and the regulation limit restriction policy,in order to balance the high prices and unstable housing market;on the other hand,launched the "affordable housing and other affordable housing to protect the poor living rights.These policies bring about some negative externalities while regulating housing prices and caring for people's livelihood.Among them,the most typical way to circumvent these related policies and regulations is to buy houses.By the name of the purchase behavior,the type of housing purchased mainly for affordable housing,the purchase order adjustment of the housing,ordinary housing.By the name of the purchase of affordable housing or the purchase of housing in order to adjust the behavior due to circumvent the relevant regulations and policies,there may be due to violation of provisions of relevant norms and thus violating the public interests,academic circles and judicial practice in different courts for the purchase by the name for the legal effect of much debate and borrow;the purchase of ordinary housing does not exist the problem,academic or legal opinions for the effect of court by the name of the buyers behavior is consistent,little debate.So this paper for the purchase by the name of legal effects mainly to circumvent the policy and rules by the name of the purchase of "affordable housing" and "restriction adjustment housing" behavior of the legal effects.Owing to the fact that the registered right holder is in line with the subject of the actual legal act,there are a lot of disputes in real life.As the current legal system is not related to the purchase of the relevant provisions of the act,there is no clear judicial guidance,therefore,the legal effect of the purchase of a legal effect of different judicial decisions.In order to solve the above situation,this article intends to analyze the legal effect of the name buying behavior from the following four aspects,so as to provide a clear judgment for the judicial referee of this kind of behavior:The first part is an overview of the purchase behavior.The basic concept for the purchase by the name of behavior and the identification is discussed,and the "purchase order" and "affordable housing" these concepts will be described;finally the nature of the purchase by the name of behavior were identified,put forward in different patterns of behavior specific identified as indirect agency and mixed legal behavior conclusion.The second part discusses the legal validity of the name buying behavior.This part mainly focuses on the two main types of such behavior in the name of the purchase of affordable housing by the name of purchase behavior and limit purchase behavior analysis;and avoid policies and regulations by the name of the buyers include celebrities and famous people borrow by the two part of the purchase agreement,and the world famous people sell house housing sales contracts therefore,to borrow to buy affordable housing and purchase by the name of legal limit purchase behavior analysis is mainly from the name of the purchase agreement and the sale of housing in the two part of the comprehensive analysis of the legal effect;for the purchase of affordable housing by behavior should be divided into analysis carried out by the purchase of affordable housing and general by the name of special purchase affordable housing two types,finally put forward by the name of the internal purchase of affordable housing in the purchase by the name of the agreement for breach The public interests should be invalid,and by the name of special purchase affordable housing in the purchase by the name of the agreement shall be valid;for by the name of the purchase limit purchase by the name of the purchase agreement,through combing and Analysis on the academic point of view and the relevant cases,that should be effective;to buy economy by name housing purchase behavior and by the name of limited purchase behavior in the sale of housing contract shall be deemed to be valid.The third and the fourth part are about the circumvention of policies and regulations,and the discussion of the legal effects of buying houses.The third part is mainly about the legal effect of buying a famous house under the dimension of celebrity and celebrity.The fourth part is about the legal effect of buying a house under the third party dimension.According to the purchase agreement by the name of the purchase by the name of behavior and the effectiveness of housing sales contracts,the legal effect of the sale of housing should belong to a celebrity,and not involving third people,famous people should be in accordance with the contract agreed by the name of the transfer of housing registration in the name by name;in third people involved,when third people in good faith,you should give priority to the protection of housing should belong to third people,third people;third when malicious,by celebrities can choose according to different paths,so that the ownership of the building itself;involving third people,if you have not registered,you should give priority to support by the celebrities,the housing ownership should belong to borrow celebrity.
Keywords/Search Tags:Restriction on House Purchases, Affordable Housing, Borrowing names to buy houses, Contract effectiveness, Ownership of property rights
PDF Full Text Request
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