Study On Legal Issues Of Buying A House By Borrowing A Name

Nowadays,the economy is developing rapidly and the fever of buying houses is only increasing.Due to the influence of various factors such as the policy of purchase and loan restriction and speculative psychology,the phenomenon of buying houses in borrowed names often occurs in life,and as an abnormal way of property transaction,it is extremely easy to generate disputes.In practice,for similar cases,due to the inconsistent basis of court decisions,there are differences in judgments and inconsistent theoretical views,so in this paper,study relevant legal issues related to the purchase of houses under borrowed names.The paper consists of four parts: how to determine the nature and establishment conditions of the agreement to buy a house under a borrowed name,the validity of the agreement to buy a house under a borrowed name,how to attribute the right to the house,and whether Luo’s actual right to the house can be excluded from enforcement.The second part analyzes the nature and establishment conditions of the agreement to buy a house under a borrowed name,which is the basis for the later analysis of the effectiveness of the agreement to buy a house under a borrowed name.The nature of the agreement to buy a house under a borrowed name is recognized as a nameless contract,and the condition for its establishment is that both parties agree to buy a house under a borrowed name.To prove the agreement to buy a house under a borrowed name,it is necessary to provide evidence such as the transfer records of the actual capital contribution to buy the house and repay the bank loan,the actual possession and use of the house,and the proof of payment of living expenses.The third part analyzes the validity of the agreement to buy a house under a borrowed name,which is the basis for the later analysis of the ownership of housing rights.The agreement to buy a house in borrowed name consists of the agreement to buy a house in borrowed name and the agreement to buy and sell a house,which are independent of each other.The agreement for the purchase and sale of a house is generally valid.To judge the validity of the loan agreement,the reasons for the loan and the reasons for excluding the contract from being invalid must be combined.A loan agreement signed for the reason of circumventing the policy of purchase and loan restriction does not violate the validity provisions of laws and administrative regulations.The agreement is valid if the purpose of buying a house is for own residence.If the purpose of the agreement is to speculate,to purchase special preferential housing,or to harm others by means of malicious collusion,the agreement will be invalid as a violation of public order and moral principles.Part IV analyzes the attribution of rights to the house.The agreement agreement is generally valid only internally.There are three doctrines regarding the nature of the actual contributor’s rights to the house: the doctrine of property rights,the doctrine of claims,and the doctrine of expectancy of property rights.Externally three conclusions are drawn based on different types of third parties." The heirs of the person who provided the name cannot inherit the ownership of the house,the counterpart of the transaction of the person who provided the name can acquire the ownership of the house in good faith when they are qualified,and the actual contributor who has a survival value can exclude the enforcement applied by the creditor.By examining the three controversial points in the dispute over the purchase of a house under a borrowed name,we expect to provide clearer ideas on the application of the law to resolve such issues.