Study On The Legal Effect Of Buying A House In Someone Else's Nam

The government has issued a number of limited purchase policies,such as "instructions on curbing the rise of urban house prices",to control the house prices that have been rising for several years and have not stopped.In recent years,the government has issued many documents on limited purchase of houses to control the house prices that have been rising and haven’t stopped,which has well controlled the phenomenon of hoarding houses and buying a large number of houses in society.However,there are still a large number of people who do not enjoy the conditions to buy a house,so they want to use the name of a qualified person to buy their favorite house to meet their purposes,so they find someone to discuss and use their name to buy the target house,and then transfer the house to themselves when the time is ripe,This is what we call the phenomenon of borrowing someone else’s name to buy a house.The person who does not use his own name but uses someone else’s name is a borrowed celebrity,and the person who gives the right to use his name or signature to others to buy a house is a borrowed celebrity.However,in judicial practice,the phenomenon of name borrowing and house has triggered a lot of judicial disputes,not only about who owns the house between the borrower and the borrower,but also with others,including the fact that the borrower violates the previous agreement and privately sells the house to other people who buy the house,In addition,the subject house is a part of the borrowed celebrity’s property,which is handled by the court to pay off the debt,because the house is an important property in life,including many interest disputes,which have caused the dispute over the real right of the house.When the court hears such cases,because China’s civil code has no clear legal provisions on the behavior of buying a house by name,the court has a certain space when determining the case,and the judgments are often different,resulting in similar cases with little final results.This not only affects the strictness and objectivity of the law,but also causes greater contradictions between subsequent relevant subjects.Therefore,this paper mainly analyzes the nature and effectiveness of the contract between the borrower and the borrower,the different scenes whether other parties are present,and the final destination of the ownership of the subject house.In the first part,this paper finds out two different results from a large number of court decisions.The first is that the effect of the court on the agency agreement between the borrower and the borrower is different,that is,valid and invalid;The second situation is that the court’s ownership of the subject house is not the same to which party.And this paper analyzes the reasons for the different results of the judgment according to the judgment basis and focus of the court.The second part of this paper mainly clarifies the various behaviors and what kind of rights and obligations exist in the whole house purchase by name.Firstly,it includes what kind of legal rules should be used in the relationship between the borrower and the borrower in the initial holding contract,because there is no specific interpretation of this behavior in China’s law,but which contractual relationship should be referred to.The author believes that it should be in line with the entrusted behavior,and the specific reasons are detailed in the text.Secondly,there is the legal relationship between the relevant subjects in the house sales contract,that is,the borrower and the seller,and between the borrower and the seller.Does the signing of the house sales contract between different subjects have any impact on the effectiveness of the contract;And in the follow-up behavior,the borrowed celebrity violates the agreement with the other party and privately sells the house temporarily under his name to others.At this time,the transaction generates the house sales contract relationship.This person knows or does not know whether the house purchase agreement has an impact on the effectiveness of the contract and ownership.The third part of this paper refers to the relevant provisions and rules on the effectiveness of civil legal acts in China’s laws,and makes a classified exploration on various types of borrowing purchase in judicial practice.That is,in real life,some people borrow other people’s names in order to avoid the quantitative house purchase policy issued by the state or the bank’s loan restriction policy,and some people want to buy affordable houses because they don’t meet the requirements of house purchase;Some people want to spend less money than the market price to buy unit houses,etc.sometimes because the types of houses purchased are different,the judgment results of the court will be very different,but more often it is one type of house.Some courts believe that the borrowing contract is valid,and some courts believe that the contract is invalid,Often,whether the name borrowing contract is effective has an essential impact on the whereabouts of the real right of the name borrowing house.This paper believes that we should see whether the contract violates the legal provisions according to the different types of houses.Finally,we should further observe the effectiveness of the contract according to whether it violates the principle of public order and good customs.The fourth part of this paper mainly discusses the final destination of the house.This paper expounds the two situations of whether others are present in the process of buying a house by name,and confirms the final direction of the house according to the goodwill of others and the implementation of the house.When other people are not involved,what legal provisions determine the ownership of the house.In the presence of others,it is necessary to distinguish whether others are other persons in the transaction or creditors of the borrowed celebrity.Among them,other persons in the transaction still have goodwill and malice,so they should be comprehensively analyzed.The author believes that in the absence of others,if the name borrowing contract is effective,the subject house should belong to the borrower,and the borrower should handle the transfer of the subject matter by the borrower;If the agreement is invalid,the subject house should belong to the borrower,and the agreement between the borrower and the borrower shall be handled according to the relationship of the creditor’s right contract.When other people are present,if other people are other people in the subject transaction,we can look at the goodwill of other people at this time.If other people are creditors of the borrower,in order to meet their debts and request the court to execute the auction,the borrower’s objection to the execution of the outsider proposed by the court is not supported under such circumstances.