On The Validity Of The Contract And The Ownership Of The House Property

The loan name purchase contract does not have the explicit stipulation in the law,is one kind of legal question which produces based on the social practice.In practice,under the name of the purchase contract for the parties agreed to buy a house in the name of others,and will be registered in the name of others,the borrower actually enjoy housing rights and interests.From the perspective of the whole purchase behavior,it will involve a lot of civil legal relations and legal facts.That is,from the beginning of the agreement between the borrower and the celebrity,from the signing of the contract of house sale to the performance of the contract,the registration of House property rights,etc.,there are different viewpoints in the academic circles and judicial practice,as a result,some specific controversial issues have emerged.It is the basis of studying the relevant legal issues to identify the borrowing name purchase contract conceptually.First of all,from the structural point of view of borrowing the name purchase behavior is divided into internal behavior and external behavior.Academic disputes focus on external behavior,is the practice of the performance of the name of the purchase contract.By differentiating and analyzing the relationship between them and related behaviors,this paper makes a classification of loan-purchase contracts in practice,and probes into the transformation of loan-purchase contracts from "negative contracts" to "labor contracts applicable to anonymous contracts" in Taiwan,the borrowing name purchase contract does not have the legal effect meaning of the trust registration contract,should belong to the nameless contract,the analogy applies to the stipulation about the entrust contract.The validity of the borrowed house purchase contract is the decisive factor for the performance of the contract and the registration of the house property right.Under the name of the purchase of ordinary commercial housing is generally considered effective.Under the name of the purchase of affordable housing because of its violation of public order and good customs and invalid,in practice found that affordable housing to meet the listing conditions,the contract is valid.Article 30 of the measures for the administration of affordable housing is aimed at preventing the purchasers of affordable housing from profiting from it.The famous people make profits by their own quota when they sign the contract of house sale,but the actual users are still the celebrities,and it is difficult to restrain the abuse of purchasing affordable houses under the name.Therefore,it is not appropriate to hold the view that the contract is valid under Article 30 in practice.On the basis of the validity of the loan purchase contract,the famous person has completed the registration to become the owner of the house.At this time,there is a dispute over whether the loan celebrity enjoys the real right or the creditor's right.In practice,the dispute over the ownership of housing property rights is manifested in the lawsuit of real right confirmation or the lawsuit of payment according to the contract.On this issue,according to the real estate change rules,there is no mistake in the right matters.It is an act in accordance with the will of the parties.The risks arising from registering the house in the name of a famous person by a famous person shall be borne by themselves.Through the comparison between the lawsuit of payment and the lawsuit of confirmation,the creditor's rights enjoyed by the famous person according to the house purchase contract under the name of loan do not conform to the connotation of the lawsuit of real right confirmation either from the litigation purpose of the parties or the requirements of the existing legal relationship.The purpose of the lawsuit brought by the famous person is to change the existing legal relationship into the registered owner of the house.Therefore,the borrower should file a lawsuit for payment according to the contract,i.e.request the famous person to assist in handling the transfer registration.