Legal Analysis Of Buying Economical Housing By Others' Name

Borrow name buy economy applicable room behavior involving celebrities,borrow celebrities and sales agencies,and other main body,borrow to buy affordable housing contract contains both celebrities and famous celebrities internal borrow agreement,and includes a celebrity and sales organizations outside of the purchase agreement,two protocols has obvious symbiotic,but in practice often divided between the inner link,will borrow behavior and buying behavior to separate,so that the judicial practice in the relevant economy applicable room borrow a purchase behavior that there are many differences.First,it is difficult to identify the effectiveness of the purchase of affordable housing in name,second,it is difficult to identify the ownership of affordable housing in name,and third,it is difficult to protect the interests of the parties involved in the contract of affordable housing in name."Contract law" article no 12 on the relevant provisions of the contract shall be invalid and can't really apply to borrow to buy affordable housing contract,first of all,the current regulations on affordable housing purchase qualifications are department regulations or local regulations,rather than the laws or administrative regulations,borrow to buy affordable housing contract does not violate the laws and administrative regulations of mandatory provisions of the state;Secondly,although the purchase of affordable housing in the name of celebrities has occupied a certain number of application for purchase,it has damaged a small part of the community,but it cannot reach the degree of damage to the publicinterest,should not be identified as damage to the social public interest;The contract that borrows a name to buy economy to apply room finally is party of contract both sides expresses true intention,do not exist the circumstance such as fraudulent,duress.As for the division of ownership,according to the real intention of both parties and the authenticity of the investment,in the case of excluding the existence of a third party in good faith,it is better to take into account both fairness and justice to identify the litigated house as owned by a celebrity.Therefore,for the purchase of affordable housing in the name of multiple ACTS,we should accurately understand and apply the "property law" "contract law",and constantly improve the real estate objection registration system,strengthen the real estate registration review.