| In recent years,the case of buying a house by name has intensified,and the major courts have different results for the case of buying a house by name.With the development of the economy,more and more people will conduct house transactions.In order to regulate the economy,the state has carried out house regulation through various methods,and it has come into being to buy a house by name.The use of other people ’s name to buy a house separates the de facto owner from the legal owner.The lack of laws has led the court to fail to make a complete trial of such cases,and scholars have expressed different opinions.The case of buying a house by name involves a contract of borrowing a name and a contract for buying and selling a house.The court did not divide the case of buying a house by name into two contracts for analysis.Most courts have not defined the legal nature of the contract of deferred name.Some courts of contract for the purchase of restricted purchases and affordable housing,when the borrower does not meet the conditions for the purchase of the house,the borrowed contract violates the public interest of the society,and then finds that the borrowed house purchase contract is invalid.Abuse of contract invalidity seriously affects the fairness,rationality and legitimacy of the judgment result.For the case of buying a house by name,the behavior of buying a house by name should be studied to clarify the legal nature of the behavior of buying a house by name,and then to infer the main body of the house sale contract.Analyze the legal effect of the nominee contract and the house sale contract,and combine the rules of real right change and the presumption of real estate registration to clarify the issue of real right attribution in the dispute of buying a house by name.Only by solving the above-mentioned problems and clearly deciding the ownership of property rights in the dispute of buying a house by name can we prevent the court from having different judgments in the same case. |
