Settlement Of Disputes Over Buying A House By Name Under An Oral Agreement

The special feelings of Chinese people towards houses make many people struggle to buy a house all their lives.Due to the popularity of the real estate industry and the lack of qualifications of buyers,many people choose to buy a house by name,that is,a celebrity and a celebrity make an agreement.,Register the house under the name of the famous person,and the actual house rights are enjoyed by the borrower.In recent years,experts and scholars have discussed the issue of buying a house by name,but paid less attention to the issue of buying a house by name when there is only an oral agreement.Many courts have discrepancies in the determination of oral agreements,which are directly related to the nature and nature of the case of buying a house by name.Borrow the celebrity’s enjoyment of housing rights.Only verbal agreements are common in cases of buying a house by name.If the publisher denies that he has reached an agreement to buy a house by name with the borrower,it will be difficult for the court to judge whether the two parties have ever had an oral agreement to buy a house by name.Therefore,the focus of disputes in such cases Most of the disputes are whether there is an agreement between the two parties to buy a house under the name.Due to the particularity of this type of case,the court’s handling method is naturally not the same as the case of a written contract.This article takes the case of Li Fengmin and Liu Guangjun’s housing sales contract dispute as an example to analyze the handling of the issue of buying a house under the name of a verbal agreement.The article is mainly divided into three parts:The first part gives a brief introduction to the cited judicial cases,and derives the focus of disputes in this case through the analysis of the court’s argumentation process,which is also the focus of typified disputes in the case of buying a house by name under the oral agreement.The second part focuses on the three controversies in this case,and based on the analysis of the relevant legal regulations and legal theory in our country,it is concluded that the verbal agreement to buy a house by name involved in this case is determined,and it specifically analyzes the identity relationship and borrowing of the parties involved.The rationality of the reasons for buying a house,the capital contribution of the house,the holding of documents and title certificates,the possession and use of the house and other factors affect the determination of the oral agreement;and then analyze the effectiveness of the oral agreement in this case,whether it is due to economic evasion The housing policy is applicable and invalid;finally,through the analysis of the real estate registration system,the theory of factual property rights,and the principle of autonomy of will,the ownership of the house when the verbal agreement is established and when the verbal agreement is not established.The third part is mainly based on the analysis of the facts of the case,and pointed out the judging ideas for handling similar cases in judicial practice in the future,that is,based on the existence of the agreement to buy a house under name,and the validity of the agreement to buy a house under name as the basis for the judgment.Provide suggestions for the correct application of judgment rules in judicial practice to resolve disputes about buying a house by name under oral agreements,and strive to make every case receive a fair and just judgment,protect the legitimate rights and interests of the borrower and the famous person,stabilize the social order,and promote the principle of good faith.The whole society observes and practices.