On The Legal Regulation Of The Contract Of Buying A House By Name

In recent years,due to the ordinary people's housing as the main investment channel,the housing price keeps rising,the real estate market presents pathological development,which seriously affects the social economic order.For this reason,the central and local governments at all levels made series of macro-control policies to curb the rapidly rising prices,means,mainly reflected in the "restricted","limit credit","price" and so on several aspects.However,in order to gain the huge gains of the real estate value,there is the act of circumventing the regulation policy.Some buyers do not fear the risk of large,in the form of "borrow" that buy a house to avoid all kinds of policies,reach a consensus building the actual investor and the nominal buyer with the name in the name of the person that buy a house,and the name of the behavior of purchase formalities in the name of the person.Under such a social background,there are frequent disputes over the purchase of a house.The purchase contract is on the edge of law,and there are many opinions about its effectiveness and nature.Different subjects have different understanding and understanding of it.In reality,many courts have made different judgments on this situation.Starting from the principle of contract law autonomy,if the parties intention real,free,it should be deemed as effective,unless there is contract law article 52 of the contract is invalid,such as damage to social public welfare,auctioneers damage the legitimate rights and interests of others and violates the mandatory provisions of laws and administrative rules and regulations.The effect on the effectiveness of the contract should be treated reasonably with regard to the provisions of special housing such as various purchase restriction policies and affordable housing.According to the provisions of the contract law of the People's Republic of China(hereinafter referred to as the contract law),departmental rules,local regulations and relevant policies shall not be regarded as the standard for the validity of the contract.Borrow a purchase contract effectiveness,therefore,the judgment of the general starting from the existing laws,administrative regulations,and to consider whether the contract due to the violation of relevant national policy harm the public interests and national interests,malicious collusion or damage the interests of others,such as the contract is invalid.In addition to the actual investorand the nominal inside people borrow the name of that contract effect,borrow a purchase this behavior involving external legal act: building business contract and the celebrity dispose houses involved effectiveness of judgment.For the sale and purchase contract effectiveness,from the Angle of the principle of party autonomy in contract law,if meet the requirements of the form of a contract is formed,the general should maintain its effective,but if there is a meaning said is not true,disgraceful consideration violation,do so with auctioneers to damage the interests of others and is invalid or revocable,it should be for each building business contract particular case is particular analysis of the effectiveness of the contract.In the case of the nominal person's unauthorized disposition of his or her house,it is generally viewed from the perspective of the subjective state of the third person to determine whether it is in good faith or not.This borrow a purchase behavior in the reality of a large number of disputes,but the law in the face of such disputes,no clear rules for the practice processing by the referee judges faced with how to apply legal confusion,caused the confusion of the referee,has affected the judicial justice and authority.Articles as a breakthrough point,based on the analysis of the nature of the contract that buy a house,for all kinds of views,in order to solve the problems found as the starting point,the root of the problems found in practice,the empirical analysis of the typical cases of online written judgment of the People's Republic of China,from the cause of action,the parties to the position,the referee thought,think of the present status of the referee,quest for borrow of the contract that buy a state of reality and validation rules,and put forward starting from the borrowing of the effectiveness of the contract that buy a house,in effectiveness under the premise of further thinking about the behavior of internal and external legal relations,on this basis,building rules and regulations to solve problems in practice,in order to promote to establish uniform rules.In determining the effectiveness of the contract,then consider the ascription problem of the building,as a condition of life basic needs of housing after determine where,consider the impact of the follow-up,such as and protect the interests of the relevant person and can request compensation,the scope of the compensation package does not include the value-added part of the building,can from the nature of the relevant subject to consider forboth sides to disciplinary measures,etc.Life as the most important assets,solve the trade is not only involved by the parties to a contract that buy a house and a third person,and so on,and has suffered damage due to avoidance of main body,only the relevant follow-up questions have satisfactory solution,the dispute will check,.