Research On The Legal Issues Related To The Contract Of Purchasing Housing Under The Name Of Loan

As the basic means of living of our citizens,housing is an indispensable part.With the rapid development of the socialist market economy,the real estate industry of our country has also ushered in a period of rapid development.The enthusiasm of our people for buying houses is increasing,and the house price is also soaring day by day.In many places,especially in economically developed areas,there are even "sky-priced houses".To ensure the healthy development of the real estate market,guarantee the basic housing needs of the people and maintain social stability,the State Council and local governments have issued a series of notifications and measures to restrict the purchase of houses,collectively known as "purchase restriction orders".With the introduction of these "purchase restriction orders",the phenomenon of purchasing houses by borrowing names has become more and more common.As a result,the disputes caused by purchasing houses by borrowing names have become more and more common.The phenomenon of buying a house by borrowing a name promotes the emergence of the contract of buying a house by borrowing a name,which is essentially a kind of civil legal relationship between borrowers and celebrities.Because the current Contract Law of the People’s Republic of China does not stipulate the relevant concepts of the contract of buying a house by borrowing a name,neither the legislative nor the judicial level has a right to the nature and effectiveness of the contract of borrowing a name.Definite criteria,because the contract of buying a house by name is a legal issue arising under the special social background,so such contracts often go to the edge of the law,scholars from all walks of life have different views on the nature and effectiveness of the contract of buying a house by name,and there are great disputes.In addition to disputes over the criteria for determining the validity of a contract for purchasing a house by borrowing a name,the more important thing is that there are also disputes over the confirmation of theownership of real estate in practice.According to the real right registration system of the Property Law of the People’s Republic of China,it stipulates that the change of real property rights shall be subject to registration,and clarifies the publicity credibility and presumptive validity of real estate registration,which means No.The obligee recorded in the chattel registration book has the presumptive right in law,but in the contract of purchasing a house under a borrowed name,the actual purchaser is the borrower,and the registered nominal person has not actually contributed money.In fact,the ownership of the house should be the borrower.Therefore,when deciding the ownership of the real right of the house in the contract of borrowing a name to buy a house,how to measure the right between the borrower and the celebrity,and how to protect the related rights and interests of the factual obligee,are the key problems to be solved in the contract of borrowing a name to buy a house.Based on the comparative analysis of two typical cases of housing sale disputes,this paper defines the concept and nature of the act of buying a house by borrowing a name,combines the existing legislative provisions and legal theory,and probes into the validity of the contract of buying a house by borrowing a name and the ownership of the real right of the house by borrowing a name,so as to find a reasonable way to solve the problem of buying a house by borrowing a name,and to discuss the company.Some problems in the practice of law are analyzed and summarized,and their own opinions are put forward.