On The Legal Effect Of The Contract Of Borrowing Name To Buy House

With the long-term and stable development of China's social economy,all walks of life are beheaded,especially the real estate development industry,which is on the rise year by year.People's demand for housing is not only a stable living environment,but also a tool for investment.Because the house itself has great value and has been in the state of appreciation,speculation in the real estate market is increasing,and the form of development tends to be abnormal.This abnormal form of development will inevitably cause the instability and disharmony of China's economy,and have a direct impact on people's most basic living rights,especially the low-income people.Therefore,in order to fully protect the right of low-income people to buy houses,our country has issued a series of policies to limit the purchase of houses.However,in the process of implementing this kind of policy,many similar speculative behaviors are still found,such as the most serious phenomenon of house borrowing.In recent years,this kind of phenomenon is increasing in our country.It has become one of the hot issues of the society to solve the disputes caused by the house borrowing contract.China's real estate registration system is objective and fair.Generally speaking,the obligee recorded by the real estate registration authority is the real real real obligee of real estate.Therefore,from the perspective of China's legal provisions,China is more inclined to protect the legal real estate.When the legal real right and the factual real right are separated,the contract is not necessarily invalid.We should fully combine the most authentic expression of intention of both parties and analyze the specific case.The key to solve the disputes caused by the house borrowing contract is to determine the validity of the house borrowing contract and the ownership of the house.The determination standard will be determined according to Article 52 of the contract law of China.The determination of the ownership of the house will be considered from two aspects: involving the interests of the third party and not involving the interests of the third party.At present,China has not yet issued clear laws and regulations and unified judgment standards to solve the disputes caused by the house borrowing contract.When determining the validity of the contract,the policy is often used to replace the law,the same case is judged differently,and the rights and interests of both sides are not balanced.Therefore,while studying the effectiveness of the house borrowing contract,the problems in real life are improved accordingly.This paper is divided into four parts:The first part "Introduction" mainly introduces the research purpose,research significance,research status,research methods and innovation points.The second part analyzes and studies the concept,the reasons and the legal basis of the contract.Starting from the basic concept,this paper simply analyzes the reasons for the formation of the house borrowing contract by listing.On this basis,it studies the legal basis involved,which mainly includes three aspects: the real estate registration system and its effect,the legal real right and the factual real right,and the principle of autonomy of will,so as to lay a theoretical foundation for the determination of the effect of the house borrowing contract and the ownership of the real right.The third part expounds the effect and consequence of the contract of borrowing name to buy a house.There are two theories about the validity of the contract signed for the purchase of the house in the name of others,that is,the theory of validity and the theory of invalidity.The standard content of the validity of the contract will be discussed in detail from five aspects.The consequence of the determination of the validity of the contract is how to measure the rights and interests between the borrower and the lender and how to protect the relevant rights and interests of the actual obligee.The paper analyzes the determination standard of the ownership of the real right in the case of borrowing the name to buy a house,that is,when it involves the interests of the third party,if the third party is the bona fide third party,then the relevant system of bona fide acquisition in China should be applied,and the house should be owned Third party ownership.If a malicious third party intentionally damages the borrower's relevant interests,the contract signed by the malicious third party and the famous person will be invalid,and the real right of the real estate should belong to the borrower.When it does not involve the interests of the third party,it is necessary to judge the real owner of the house through relevant evidence and other evidence,so as to determine the ownership of the house.In the fourth part,the author introduces the problems existing in the confirmation of the validity of the contract and puts forward the corresponding suggestions.In practice,there are still some imperfections in the determination of the validity of the contract of borrowing a name to buy a house.There are three main problems: in the source of the judgment law,replacing the law with policy,"different judgments for the same case" phenomenon exists to a certain extent,and the distribution of human rights between the borrower and the famous is unbalanced.In view of the above three problems,this paper puts forward three suggestions:accurately applying the national laws and policies,standardizing the application of laws to promote the unity of judgment,and reasonably balancing the rights and interests of borrowers and famous people.