On The Ownership Of A House Bought Under A Borrowed Name

At the beginning of the 21st century,China’s real estate market boomed,and housing was not only the most basic housing need of residents,but also became an investment and speculation tool for some people.In order to curb the disorderly development of the real estate market,meet the basic housing needs of the general public and return to the housing properties,governments around the world have formulated and introduced policies such as purchase and loan restrictions,aiming to promote the healthy and sustainable development of the real estate market.However,in the face of the excessive benefits of property appreciation,some people take the risk for their own selfish interests and borrow other people’s names to purchase properties when they do not meet the conditions for purchasing houses,so as to achieve the purpose of circumventing policy restrictions and acquiring houses.The emergence of a large number of borrowed names to buy houses not only has a negative impact on the healthy development of the real estate market,but also brings a lot of difficulties to judicial practice.However,at present,there is no special legal regulation for the ownership of houses bought under borrowed names and the disputes that may arise,which has led to a large number of cases of disputes over houses bought under borrowed names in judicial practice,and these cases present diversity and complexity,and it is difficult for judges to grasp the facts of the cases and the application of law when adjudicating,and it is impossible to give the market stable expectations.Therefore,it is of great practical significance to study the ownership of houses bought under borrowed names.This paper firstly,on the basis of giving the definition of buying a house under a borrowed name,analyzes the characteristics and elements of the determination of buying a house under a borrowed name,explores the risks of buying a house under a borrowed name,and lays the foundation for solving the problem of ownership of a house under a borrowed name.Secondly,through data analysis and typical case studies,we conduct statistics and research on a certain number of cases of disputes over the purchase of houses in borrowed names from multiple dimensions,and divide them into three types: buying houses in borrowed names to avoid the purchase restriction policy,buying houses in borrowed names to avoid the loan restriction policy,and buying houses in borrowed names to purchase affordable houses,in which the main disputes are the determination of the validity of the contract involved in the ownership of houses in borrowed names and the determination of the ownership of houses in borrowed names.Then,the legal validity of the contracts related to the ownership of houses bought under borrowed names is analyzed in a typology,and the specific validity issues are discussed mainly from two perspectives: the validity of the contracts for buying houses under borrowed names should be determined according to the true intention and agreement of the parties to the borrowed names,and whether it is contrary to public order and morality or harmful to the public interest should be considered.Finally,the issue of determining the ownership of a house bought under a borrowed name is discussed in detail,and the two core doctrines involved in the determination of ownership,namely,the "property right doctrine" and the "claim doctrine",are reviewed,and according to whether the interests involved in the purchase of a house under a borrowed name include third parties,they are divided into The analysis is divided into three cases,namely,when no third party is involved,when a third party is involved in the transaction other than the party who bought the property under the borrower’s name,and when the applicant for execution is involved.