Research On The Legal Issues Of Buying A House By A Name

With the development of social economy,the real estate industry is gradually heating up,and buying houses is not only for living,but also a means of investment or other purposes.However,the government's market regulation ability is insufficient,and the price of housing is gradually rising,which is high for a long time.For various reasons,such as evading restrictions on national policies,evading laws and regulations,investing in real estate,concealing real property,etc.,the choice to borrow houses in the name of others has gradually increased,so disputes caused by such behaviors are not uncommon.Through the exploration of relevant theories at home and abroad,this paper analyzes the case and analyzes the legal issues of borrowing a house to buy a house,hoping to solve this problem.This paper is divided into four parts: The first chapter introduces the following by introducing the background,research significance and domestic and foreign research status of borrowing a house.The second chapter is an overview of the purchase of a house by name.By comparing with the concept of trust,agency,commission,and off-law behavior,the concept of borrowing a house is clearly defined.At the same time,the background of borrowing a house is analyzed,and the basis of borrowing a house is explained.Theories include the principle of autonomy of will,the principle of good order and good law,and the law-abiding principle.The third chapter is about the validity of the contract for buying a house by name.Through the definition of the contract for the purchase of a house in China,the description of the contract for the purchase of a house by name,and the elaboration of the history of the invalid contract system,combined with the relevant cases,respectively,the contract for the purchase of a house by borrowing The invalidation and effective explanations have been explained and evaluated.According to the analysis,there is a certain one-sidedness between the invalid and the invalid term of the purchase contract.The effect of a contract for a house purchase should be treated differently.Under normal circumstances,the contract for the purchase of a house by name does not violate the invalid legal reasons stipulated in the Contract Law and the invalidity of other laws,does not violate the principle of public orderand good customs,does not harm the public interest,and has the corresponding meaning of civil conduct.General contractual binding force should be considered valid.However,the occurrence of each behavior is not uniform.There are different reasons for the purchase of a house by name.The arguments should be distinguished according to the rules of dialectics,and the specific problems should be analyzed in detail.For example,the house in the case of a loan for a house purchase is a loan for a house purchase in a policy house in China.Because of the damage to the public interest,the contract for the purchase of a house by name must be invalid.However,if the policy house has the nature of the commodity house and meets the contractual requirements,and does not violate the public order and good customs,the loan purchase contract is valid at this time.The contract for the purchase of a house due to the restriction of the “restriction order” is not necessarily invalid.It should be considered whether the “restriction order” is a mandatory or administrative mandatory provision.The borrowing of a house purchase contract signed to circumvent the bank credit policy and other loan barriers should be considered effective only if it does not harm the public interest of the society and only harms the unilateral interests of the bank.The contract for buying a house for the convenience of the procedure and the reduction of taxes and fees is not necessarily invalid.Tax evasion includes reasonable tax avoidance and tax evasion.If a contract between a celebrity and a famous person to purchase a house is a reasonable circumvention of the state tax regulations,the act does not affect the validity of the contract.However,if the tax evasion and tax evasion violates the provisions of China's tax laws,then only after the two sides accept the punishment according to the regulations and pay the taxes,the contract will not be affected.In order to conceal the real property information,the signed loan purchase contract should be specifically analyzed.If the party conceals the legal real property information,the contract for the purchase of the house by name will be valid when the contract is valid.If the concealed property is illegal,such as corruption and bribery,it has already violated China's criminal law.In order to recover the stolen goods,the contract for the purchase of a house by name must be considered invalid.The fourth chapter discusses the ownership of real estate in the house by borrowing the name,and discusses the credibility of the registration of realestate rights,the factual property rights and legal property rights,and the limits of the application of the system of good faith in real estate.The criteria for determining the attribution problem,that is,when a third person is involved,if the third party is a bona fide third party,the system of good faith acquisition is applied and the house is owned by a third party.If a malicious third person colludes with a famous person and damages the interests of the borrower,the contract signed between the malicious third party and the nominee is invalid.Under the relevant evidence,the property of the real estate shall be owned by the celebrity.When a third person is not involved,it is necessary to determine the ownership of the house by judging whether the evidence provided by the parties is complete and whether a reasonable chain of evidence is formed to determine the real property owner.All in all,how to properly solve the dispute caused by the purchase of a house by name is a long way to go.