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Legal Analysis On The Issue Of Borrowing Name To Purchase Real Estate

Posted on:2018-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y M XieFull Text:PDF
GTID:2416330596451932Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the traditional Chinese concept,housing is the place to settle down and is the basis of personal and family life.Coupled with the high value and investment significance of housing,and the national property market continues to heat up in recent years,real estate issues a lot of concern.In this context,it has gradually appeared borrowing name to buy houses,leading to the actual housing investors and housing registration of ownership inconsistencies,resulting in a lot of disputes.There are only some trial opinions introduced in the country and local regulations regulating the situation that borrowing name to purchase houses,and these regulations are not uniform,which lead to the phenomenon that the standard of adjudication on these disputes is not uniform.To deal with the problem of borrowing name to buy a house,this article thinks that we should start from judicial trial and academic theory,and analyze the legal relationship involved,so as to solve these problems under the existing legal framework.This thesis consists of four parts.The first part introduces the main disputes about borrowing name to purchase houses through two judicial cases,namely the legal structure and nature of borrowing name to purchase houses,the nature and effect of the agreement of borrowing name,the ownership of the house and the situation that nominal ownersunauthorized disposition of the house.The second to the fourth partanswer these questions one by one.The author hopes that through the study of this article to clarify the legal relationship involved in borrowing name to buy a house,and to clearly solve the legal norms applicable to the house purchase dispute,so as to resolve disputes within the existing legal framework.
Keywords/Search Tags:the Behavior of Borrowing Name to Purchase Real Estate, the Agreement of Borrowing Name, the Actual Contributor, the Nominal Buyer
PDF Full Text Request
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