Validity Of Buying A House By Name And Identification Of House Ownership ——Taking Xiuju Chu V.Na Chu Tort Dispute As An Example

The disputes involved in the case focus on the identification of buying a house by name,the effectiveness of the contract for buying a house by name,the ownership of the house and the effectiveness of the celebrity’s disposal of the house.There are differences in the nature and constituent elements between buying a house by name,entrusted buying a house and buying a house by loan.The relationship between the plaintiff and the defendant should be buying a house by name.The act of buying a house by name belongs to an anonymous contract in nature,and the law should be applied with reference to the provisions of the contract part of the civil code.The validity of a house purchase contract should be analyzed and determined from four aspects: the expression of the parties’ will,the prohibitive provisions of laws and administrative regulations,public order and good customs,and whether they maliciously collude to damage the legitimate rights and interests of others.In terms of the ownership of the real right of the house in the act of buying a house by name,although the real right of the house has been transferred and registered to the issuer,the formal and substantive elements of the change of real right are separated,resulting in the fact that the borrower and the issuer enjoy real right and legal real right respectively.If a famous person sells the house to a third party without authorization,the law protects the de facto real right without involving a bona fide third party.The defendant has signed a house purchase and sale contract with a bona fide third party and handled the registration of house property right transfer.The real right has been transferred.The borrower can only ask the famous person to bear the liability for breach of contract according to the house purchase contract signed by both parties.In the trial of the case of buying a house by name,the court should unify the identification standard of the effectiveness of the contract of buying a house by name,clarify the judgment standard of the effectiveness and responsibility sharing of the house sales contract after the contract of buying a house by name is determined to be invalid,and also take the trust of the third party in registration as the identification standard of good faith in the system of bona fide acquisition of real estate property right,so as to strengthen the credibility of the real estate register.