Research On Legal Issues Of "Buying A House By Name" Contract

Housing is the foundation of people's livelihood,which is related to economic development and social stability.In practice,it is common to borrow someone else's name to buy a house because it does not meet the conditions for buying a house.Based on the judicial ruling and theory of the "buying house by name",this article summarizes and analyzes the legal problems in the "buying house by name",namely,the validity of the "buying house by name" contract and the ownership of the borrowed house.The article first raises questions based on the inconsistent thinking of the people's court on the dispute over "buying a house by name",and analyzes the reasons for the differences in the validity of the contract and the inconsistency in the judgment of the dispute over the property rights of the borrowed house.Secondly,the judgment criterion of the effectiveness of the "buying house under the name" is clarified,and the contract effectiveness of different types of house buying under the name is discussed.The contract for purchasing ordinary commercial housing under the name is effective because it does not violate the mandatory provisions of laws and administrative regulations,and does not violate public order and good customs.The purchase of affordable housing such as affordable housing under the name does not violate the mandatory provisions of laws and administrative regulations,but it is economically applicable.Housing involves social public interest and public order,and the contract is invalid because it violates public order and good customs.Finally,the normative basis of ownership of the borrowed house was clarified,and the ownership of the borrowed house by the celebrities and borrowers was determined,that is,the celebrity is the legal owner of the house and the borrower is the creditor of the borrowed house.The borrower can When the legal requirements or contractual agreements are met,the celebrities are requested to perform their contractual obligations,but the people 's court cannot be requested to confirm their ownership based on the “buying house under the name” contract,and the borrower 's claims on the house cannot be enforced against.