A Study On The Effectiveness Determination Of The House Purchase Contract By Name

Based on national policy or evade tax to wait for a reason to use the qualification that gives a celebrity to buy a house to undertake registering to the house.The name borrowing behavior is not clearly stipulated in our country's law at present,but the appearance of a large number of name borrowing behavior in social life leads to a series of disputes about whether the name borrowing contract is valid or not and the ownership of house property right.Based on the disputes over the nature of the borrowing behavior in the identification,the house,this paper mainly elaborates through three parts: the first part is that the author believes that the borrowing agreement between the borrower and the borrower is not a nameless contract.Should according to whether there is clear agreement between giving celebrity and borrowing celebrity,if exist,should be defined to entrust a contract directly,just be nameless contract conversely.The second part is that the influence of the complexity of the causes of borrowing behavior on the effectiveness of borrowing behavior should not be solidified.For example in involving the economy applicable room borrow name of buying a house,in the practice that commonly will borrow celebrities to jeopardize public interests directly determined by behavior is invalid,house involved in the loan behavior from the real right in fact,and to clarify the theoretical barriers to the property right of the house from the perspective of constitutive elements.In conclusion,the borrowing of purchase behavior prompted a connection with the contract effectiveness in the trial of different sentence,causes the diversity of the cause to the end,but based on this,the parties rights and obligations are clear,in order to ensure accuracy of the real right,protect the interests of the real right holder at the trial.