Legal Analysis On The Issue Of Borrowing Name To Purchase Real Estate

Although the issue of buying a house by name is not a new issue,there is no relevant judicial interpretation that can effectively regulate the disputes about buying a house by name.Provinces and cities are still in a state of "alone fighting",with different judgments in the same case and different reasons for reasoning.Still more serious.This not only fails to truly protect the interests of the parties,but also undermines judicial credibility and is not conducive to the formation of definitive guidelines for similar cases.Regarding this situation,the deep-seated reason lies in the unclear understanding of the nature of the behavior of buying a house under the name of the borrower and the nature of the rights enjoyed by the borrower of the house.Therefore,it is still necessary to conduct a legal analysis on the issue of buying a house under the name of the borrower,hoping to provide Judicial practice provides some basis for judgment.Except the preface,this paper is divided into three parts.Chapter 1 presents the behavior fabric of the behavior of buying a house by borrowing names,and classifies the behavior of buying a house by name according to different actors who implement the house purchase behavior,and pave the way for the following discussion on the nature of the behavior of buying a house by name.Secondly,it summarizes the viewpoints of the academic circles on the behavior of buying houses under the name of "trust behavior theory","unnamed contract theory" and "agent behavior theory".Finally,I analyzed and summarized the above points and formed my own point of view,that is,the act of buying a house by name is an indirect agency,and the legal effect is first borne by the publisher,and then transferred to the lender according to the borrowing name registration contract.The second chapter focuses on the study of the effectiveness of buying a house by name.The act of buying a house by name is composed of a registration contract and a house sale contract.The house sale contract,which is a typical contract,is established between the publisher and the house seller,and its validity is not disputed.Therefore,the focus of this chapter is on the validity of the borrowed name registration contract.This chapter is based on the "Civil Code" legal act effectiveness norms to judge the above-mentioned focal issues one by one.The third chapter focuses on the issue of ownership of real estate rights in disputes over buying a house by name.The above has discussed that the nature of buying a house by name is an indirect agent,and the legal effect of the house purchase is borne by the publisher.Between the two subjects of the borrower and the lender,the borrower can overturn the presumption of registration by presenting evidence,but whether the change of registration can be ruled depends on whether the lender is eligible for registration.When a third person is involved,the prominent person has no right to punish the house,and only a bona fide third person is protected.