Research On Legal Issues Of Borrowing Other Person's Name To Purchase House

In our country,the phenomenon of borrowing other person's name to purchase house has been existing over a long period of time.Out of motivations such as evading house-purchasing policy,people tend to take this circuitous method to achieve the goal of purchasing house,which can be very risky from legal perspective.There is a high chance that parties involved will resort to law due to the dispute over house ownership in relevant cases.The legal relation involved in the act of borrowing other person's name to purchase house is quite complicated.Courts all over the country apply law differently in dealing with this kind of case due to the fact there is a lack of legislative or judicial guidance,which results in different judgments in similar cases.Through using the methods including literature analysis,normative analysis,case study,this paper studies the legal issues centering around the house ownership in cases where someone borrows other person's name to purchase house,attempting to provide helpful references for judges in dealing with such cases.There are four parts in this paper:Part one firstly analyses the reasons and the types of litigation of borrowing other person's name to purchase house.It then introduces the current situation of judicial trial of such cases,followed by analysing the problems existing in judicial trial,which leads to the research scope of this paper.Part two discusses the legal nature of the act of borrowing other person's name to purchase house.Firstly,it introduces various kinds of viewpoints on the legal nature of the act.Secondly,it compares the act with the contract of borrowing other person's name and finds that the latter is just part of the former.Finally,it compares the contract and the act with relevant contract and act of agency separately in order to determine their legal nature.Part three discusses the legal validity of the act of borrowing other person's name to purchase house.Firstly,it analyses the relation between the name-borrowed contract with housing sales contract and finds that the two of them are independent in terms of legal validity.Secondly,it introduces different theories concerning the legal validity of the name-borrowed contract,followed by analysing this issue based on the General Provisions of Civil Law,then draws to a conclusion that the name-borrowed contract is invalid in cases where parties involved try to evade affordable housing policy for it is against public order and good custom.Apart from that,the name-borrowed contract is generally deemed to be valid.Finally,it analyses the subject of the housing sales contract in different siuations,and further judges the legal validity of the housing sales contract.Part four discusses house ownership in cases where someone borrows other person's name to purchase house.Firstly,it introduces two theories concerning house ownership in cases where someone borrows other person's name to purchase house.Secondly,it points out the mistake and defect of two theories based on the analysis of the theoretical and legal basis involved in them.Finally,it analyses house ownership in different cases where someone borrows other person's name to purchase house from the perspective of real right alteration.