Study On The Legal Issues Of Buying A House By Name

With the rapid development of China’s real estate market,house prices continue to rise.The government has issued corresponding policies to regulate and control the purchase of houses.In this situation,many people choose to buy houses by another people’s name in order to meet the demand of house purchase,which leads to the deviation of factual property rights and legal property rights,and breeds the "seeds" of trust deviation.Conflicts and disputes occur frequently.However,there is no relevant laws and regulations for constraint management in our country,and there is no clear guidance in the judicial judgment,which leads to the emergence of the problem of "different judgments for the same case" in different degrees.The behavior of buying a house by name usually involves three legal actions: the nominal buyers signing a house purchase contract with the real buyers,the real buyers signing a house sale contract with the seller,and the house property right registration.The judgment of the validity of these three legal actions will provide the basis for the dispute of the ownership of the house.According to the judgment of contract validity and the basic theory of real estate property right change,the three legal acts can be defined.If the house sales contract is voluntarily concluded by both parties based on the true intention and there is no reason for the civil legal act to be invalid,the contract is valid,and the house property right registration act based on the contract is valid.From this,we can know that the house purchase by name the judgment of the validity of housing contract is an important factor to judge the ownership of housing property.If the borrower is for the purpose of purchasing the economically affordable housing or tax avoidance,the house purchase contract will be invalid due to the damage to the social and public interests.However,in view of the validity of the house sales contract,the ownership of the house belongs to the lender.In this case,if there is a bona fide third party,the disputed house should belong to the third party;If the borrower’s loan contract is valid for the purpose of evading the purchase restriction policy or credit policy because it has no reason to void the contract and does not violate the mandatory provisions of laws and administrative regulations,the borrower can require the lender to assist in the registration of the change of house ownership according to the content of the contract,and the house shall be owned by the borrower after the registration of transfer.But at this time,we need to pay attention to a special situation,that is,if the lender disposes of the house without authorization and has completed the transfer registration with a third person before the borrower brings a lawsuit,the house should belong to the third person,and the borrower can not obtain the ownership of the house.Of course,if the borrower can prove that there is malicious collusion or illegal means between the lender and the third person,he can request to determine that the house sales contract is invalid.The borrower can apply for damages for breach of contract according to the loan contract,or apply for tort damages according to the unauthorized disposition of the lender,and claim for return if the unauthorized disposition of the house constitutes unjust enrichment.