Research On Some Civil Law Problems Of Borrowing Name To Buy A House

In recent decades.With China's economic construction in full swing,the housing market is booming,the prices soaring and rising.This kind of situation not only becomes the hidden danger which affects the stable and healthy development of the market economy,it also creates obstacles to the housing needs of the general public.In an effort to curb house price distortions,the State Council,China's cabinet,and various local governments have issued a series of Macroeconomic regulation and control policies aimed at the real estate market.But it has also prompted some speculators to buy house under someone else's name to exploit policy loopholes,and caused a lot of trouble.The paper will from the contract validity and the legal relationship between the borrower and the lender to discuss the legal aspects of a home purchase contract under false pretenses.The point is that as long as the parties to a lease under the guise of buying a house express their true intention to conclude a contract,and the contract is not invalid as stipulated in Article 52 of the contract law,the contract should be considered valid;The violation of the purchase restriction shall generally be held to be valid,and the borrower may enjoy the right to request the assistance of the celebrity in the registration of the House alteration by virtue of the creditor's right legal relationship between the borrower and the celebrity,however,the legal relationship of the creditor's right can only be supported after the purchase restriction conditions are relaxed or the relevant conditions are met.and the contract of buying a house under the guise of a name involving damage to the public interest,evasion of debt,and violation of the provisions of the law is invalid.When a celebrity and borrow a celebrity internal legal relationship disputes,in the case of the celebrity requires to confirm the ownership of housing,should be combined with the effectiveness of the contract and according to the rules of evidence and the principle of autonomy to determine the ownership of housing.Under the circumstance that the contract of borrowing a name to buy a house is valid but the celebrity refuses to assist in the registration of the house,the celebrity may claim the right to the court with the claim right of the celebrity to assist in the registration of the change of the house.