Research On The Ownership Issues Of Buying A House By The Name Of Another Person

The real estate plays an important role in the social life in China.It is essential in the aspects of the family stability,the economic development and the social harmony as the most basic means of living.But with the rapid thriving of the real estate industry and the swift increasing in housing prices,people can get rich quickly by the way of investing and speculating in real estate.The state has issued the relevant policies and regulations to restrict the purchase of real estate in order to curb this kind of speculation in real estate industry.The phenomenon of buying the house in the name of other people arises at this historic moment.Due to the recorded ownerships in the register of real property are the people who lent their names to others,some people who lent their names to others deny admitting that they lent their names to other people to buy the house or refuse to help the borrower of the name to transfer the house,resulting in a large number of disputes of buying the house in the name of other people appearing in court.At present,the same cases but with different judgment results always appear,as China’s legal system lacks the specific norms on the issue of purchasing house in the name of other people,and the judicial organs lack the unified judgment standards,which seriously damages the judicial authority and fails to solve the conflicts between the two parties.The ultimate appeal of the party is acquiring the house-ownership.To determine the ownership of the underlying house is the key to solving the disputes of buying the house in the name of other people fundamentally.Therefore,this article taking the ownership of the underlying property as the core,hopes to provide practicable and effective guidance for the judicial practice,unify the judgment rules,maintain the judicial authority,and to solve the disputes between the two parties practically and effectively,which can also provide the suggestions for the relevant legislative activities at the same time.The creditor’s rights formalism is the real right change pattern based on the legal action in China.Therefore,this article explores the subject and the effectiveness of the housing sales contract first.This article analyzes and concludes that people who lent their names to others and the house sellers are the subjects of the housing sales contract which it is regarded as the entry point,and the relevant rights and obligations are also established between people who lent their names to others and the house sellers.At the same time,it determines that the housing sales contract is valid under the conditions of the validity of the contract.The ownership of the underlying house is explored on the basis of clearly analyzing the housing sales contract.It is not improper for the real estate registration agency to record that the name of the lender is the owner of the house,nor it is an error in the register of real estate to record the name of the lender as the owner under the premise of the housing sales contract being real,legal and effective.If people who lent their names to others dispose of the house,they are entitled to dispose of the house as the owner,and the third party can obtain the ownership of the house without any conditions.Finally,this article explores the nature,the effectiveness,and the rights and the obligations of the agreement of purchasing house in the name of other people,so as to analyze what rights can be claimed by people who buy the house in the name of other people according to the agreement of purchasing house in the name of other people.The agreement of purchasing house in the name of other people belongs to the unnamed contract in nature.The validity of this agreement needs to be judged by the reasons of buying the house in the name of other people.The agreement of purchasing house in the name of other people signed by the two parties is valid,if it is based on the legal purpose and in order to avoid the purchase restriction policies and regulations,while this agreement signed by two parties is invalid,if it is on the basis of illegal purpose and in order to purchase economically affordable housing at a low price.If people who buy the house in the name of other people safeguard themselves rights and interests under the unjust enrichment system,the agreement of purchasing house in the name of other people is invalid.People who buy the houses in the name of other people cannot claim to be the owner of the house according to the agreement of purchasing house in the name of other people.However,the legal relationship is established between the borrower of the name and the lender of the name according to this agreement.When the borrower of the name meets the housing registration requirements,the lender of the name has obligation to assist the borrower of the name in handling the house transfer registration.The borrower of the name becomes the owner of the house after handling the house transfer registration.Otherwise,the lender of the name may be liable for breach of contract.