A Study On The Issue Of Borrowing Name To Purchase Real Estate

For the purpose of purchasing economically affordable housing or other purposes,more and more people may choose to borrow names to purchase houses,which affects the order of the real estate market and should be put under the regulation of laws.However,there are no specialized regulatory laws in this field,which exposes the gap of rule of law.At present,the issue is still controversial in the judiciary,and it’s still an area that needs to be studied.This study adopts a typological approach from actual cases of buying a house under other’s name to analyze.There are usually two contractual relationships,separately,they are the contract of borrowing other’s name to buy the house and the purchase and sale of house.The nature of the latter is undoubted,while the nature of the contract of former is controversial.After sorting out various theories,the contract of borrowing other’s name is a nameless contract,but in some specific cases,it can be regulated by the law of the commission contract.The validity of the contracts needs to be determined by clarifying "between who and whom",so the validity of contracts also needs to be analyzed on an issue-by-issue basis.The real owner of the house depends on the determination of the validity of the contracts,but the tricky part is that the contradiction between the legal property right and the real property right,even if the contract is found to be valid,does not mean that people who provide funds can get the real estate.And if there is a third party,the reliance interest of the third party should be considered to determine the ownership of the house.When the real estate is enforced by a creditor of the nominal owner,the real owner will apply for exclusion to protect his or her interests.Generally,it is difficult for the the real owner to do that,but the real owner may be given special protection in consideration of the interest in survival.In addition,the real owner can protect his legitimate rights and interests through specific laws and regulations.Finally,this study’s innovation Land is analyzing the path of dealing with the problem of buying names to purchase real estate in under bankruptcy,and alleviates the awkward situation of protecting the rights and interests of the real owner under the bankruptcy of real estate enterprises,and provides relief for the rights of "consumer".