Study On The Effectiveness Of Contracts In The Case Of Buying A House By Name

In recent years,due to population growth and more and more people using houses as a means of value addition and value preservation,there is a large demand for house purchases.Some people have borrowed other people's names to purchase houses in order to obtain house price concessions and loan concessions.In order to curb over-investment and ensure the healthy development of the real estate industry,the government has issued a series of "purchase restrictions." The phenomenon of buying a house under a name is even more prominent.As of 2020,there are more than 6,000 cases published by the China Judgment Documents Network on buying houses by name,which is not a small problem for our country without corresponding legislation in this regard.In addition,the legal provisions for resolving the case of buying a house by name are not clear,and scholars' views are not unified,leading to differences in judgment results and even different judgments in the same case.Effectively solving the disputes in the case of buying a house under a name has certain positive significance for the actual needs and the stable and healthy development of society.The main body of this article is divided into five parts: The first part is the introduction.This part mainly introduces the background of the phenomenon of buying a house by name,the specific significance of handling a case of buying a house by name,and the research status of scholars on buying a house by name,as well as the display of their research ideas and methods.The second part is an overview of buying a house by name.This section mainly introduces the concept and nature of buying a house by name and the reasons for the phenomenon of buying a house by name.This section clarifies the concept of buying a house by name and discusses the nature of the loan contract in a house by name.The reasons for buying a house by name are divided into two categories based on whether the purchase of a house is based on eligibility and public interest.The third part is the status and problems of judicial ruling in the case of buying a house by name.This partmainly sorts out and summarizes the current judicial ruling on the handling of cases of buying a house by name,finds out the differences in the processing results through the ruling case,finds out the contradictions and problems in case handling,and proposes the questionable points of the ruling.The third part is about the status and problems of the judicial judgment in the case of buying a house by name.This part mainly sorts out and summarizes the current judicial judgments' handling of cases of buying houses by name,discovers the differences in the processing results through the judgment cases,finds out the contradictions and problems in the case processing,and puts forward the questionable existence of the judgments.The fourth part is to confirm the validity of the contract in buying a house by name.This part focuses on constructing the feasibility of solving the case and resolving the dispute of judicial decision in the case of buying a house by name.The problems to be solved mainly focus on the validity of the deed contract,the subject and validity of the house sale contract.The fifth part is about the ownership of real right and the referee's suggestion after confirming the validity of the contract.This part confirms the ownership of the property rights of the house resulting from the effectiveness of the contract,and at the same time,based on the value pursuit of the justice and justice of the referee and the urgent need to meet the authority and unity of the referee,put forward suggestions on the ideas and opinions of the judicial referee in order to make the referee More practical and reasonable.This article takes the practical concerns as the standard,and uses the service practical problems as the final destination.It summarizes the problems of buying a house under a name and the position of the judicial referee reflected in more than 100 judgment documents.From a practical perspective,it seeks practical and The theoretical meeting point,judges the validity of the house purchase contract under the name and ownership of the real right,and proposes methods and suggestions for the referee's thinking.