Research On Civil Legal Issues Of Buying A House By Name

With the rapid development of China's economy,especially the hot sale of commercial housing,housing prices continue to rise,more and more people will buy and sell housing as a means of investment and financial management.Because of the restriction of government purchasing and other reasons,the behavior of "buying houses by borrowing names" began to appear.Because of the special right structure,the problem of "buying houses by borrowing names" has led to more and more disputes in reality,and the theoretical circles have more and more discussions about the related issues of "buying houses by borrowing names".The author starts with the basic theory of buying houses by borrowing names,and intends to make a comprehensive analysis and Discussion on the behavior of buying houses by borrowing names.The article is divided into four parts.The first part is the introduction part,which makes a brief analysis of the research background of the problem of borrowing names to buy houses.It lays a foundation for comprehensive research on the problem of borrowed house purchasing.The second part is an overview.This part will analyze the concept,characteristics,types and reasons of borrowed house purchase,and lay a theoretical foundation for the analysis of the problems in the judicial practice of borrowed house purchase.The third part analyses the legal relationship of creditor's rights and real rights involved in the act of buying houses by borrowing names.The legal relationship of creditor's rights involves the nature of contract and the validity of contract.From the point of view of the legal relationship of real rights,it mainly involves the ownership of ownership in the act of buying houses by borrowing names.The analysis shows that the validity of the contract should be generally protected,and the ownership of the house should be defined according to the situation.The fourth part puts forward the corresponding suggestions for the deficiencies and perfection of the contract of buying houses by borrowing names,and finds that there are still some practical problems in the judicial practice of our country,such as inadequate judgment basis,different validity determination and different understanding of the ownership of houses.In order to solve these problems,we should draw lessons from foreign experience and combine the actual situation of our country,from the Department of Social Management and Division.From the point of view of law practice,it puts forward the construction of standardizing the behavior of borrowing names to buy houses in China.From the perspective of judicial practice,it is necessary to formulate and publish relevant judicial interpretations,unify the criteria of judgment,establish a system of issuing typical cases,strengthen the ability of judges and strengthen judicial application;from the perspective of social management,real estate management and real estate registration departments should strengthen the management and supervision of housing transactions,registration and sale,and eliminate the occurrence of purchasing houses under false names from the source.?...