| Owner-owned housing is the foundation of people’s livelihood,and it is also related to the stability of society and the harmony of the country.Therefore,on the housing issue,the state has issued a number of policies and promulgated relevant laws and regulations to adjust them,especially in terms of stabilizing housing prices and restricting house purchases.In this context,in order to circumvent laws and regulations,various policies,or for other purposes,the phenomenon of buying houses in the name of others has sprung up.Disputes over the validity of the contracts of house-purchase in the name of others have gradually entered the public’s field of vision,and have become a focus of attention in academic theories and judicial practice.This is also the issue studied in this article.This article introduces the typical case mainly data of courts in recent five years.Adopt literature research method,case analysis method and value analysis method.Research on the validity determination of the contracts of house-purchase in the name of others under the background of the implementation of the "Civil Code",combined with the theoretical views of German scholars and judicial practice in Chinese Taiwan.The main content of this article is divided into four parts,which are as follows:The first part is an overview of the contracts of house-purchase in the name of others.Focusing on the status quo of the research on the legal issues related to the contracts of house-purchase in the name of others,the concept of the behavior of house-purchase in the name of others is explained,and the four viewpoints of the academic and judicial practices on the legal nature of the contracts of house-purchase in the name of others are put forward on this basis.The point of view is that the nature of the contracts of house-purchase in the name of others should be a commission contract.The second part is about the problems and causes of the validity determination of the contracts of house-purchase in the name of others.Based on the analysis of the status quo of legislation and judicial judgments,there are three main problems in determining the validity of the contracts of house-purchase in the name of others,that is,the determination of the legal relationship of house-purchase in the name of others is uncertain,the definition of the nature of house-purchase in the name of others is disputed,and the different criteria for determining the validity of the contracts of house-purchase in the name of others.The main reason lies in the deviation of the judge’s discretion.The third part is the classification and validity determination of the contract of house-purchase in the name of others.By sorting out the disputes in the judicial practice of house-purchase in the name of others in recent years,according to the purpose of buying houses and the nature of the subject matter of the house,the contract of house-purchase in the name of others in practice are divided into five types.Including the contracts of house-purchase in the name of others for ordinary commercial houses,the contracts of house-purchase in the name of others which in order to avoid the purchase and loan restriction policy,the contracts of house-purchase in the name of others which In order to circumvent the affordable housing policy,the contracts of house-purchase in the name of others which the house type is demolition and resettlement house and the contracts of house-purchase in the name of others to conceal and transfer property.On this basis,the effectiveness of various types of contracts of house-purchase in the name of others is studied and determined one by one.And it is pointed out that the validity of the contracts of house-purchase in the name of others which in order to avoid the purchase and loan restriction policy is invalid because it violates the principle of public order and good customs.the validity of the contracts of house-purchase in the name of others which In order to circumvent the affordable housing policy is invalid because it violates the principle of public order and good customs.The validity of the contracts of house-purchase in the name of others to conceal and transfer property should be determined separately.Some are valid and some are invalid due to malicious collusion to damage the legitimate rights and interests of others or violate the principle of public order and good customs.validity of the other two types of borrowing house purchase contracts is valid without validity defects.The fourth part is the reference standard for the determination of the effectiveness of the contracts of house-purchase in the name of others.This paper takes articles 146,153 and 154 of the Civil code as the reference standard for the determination of the effectiveness of the contracts of house-purchase in the name of others.On the premise that there is high probability evidence to prove the existence of the legal relationship of house-purchase in the name of others.Consider whether the contracts of house-purchase in the name of others between the borrower and the lender is a false expression of intent,malicious collusion,damage to the legal rights and interests of others,whether it violates the mandatory provisions of laws and administrative regulations and whether it violates public order and good customs the four dimensions to determine the validity of the contracts of house-purchase in the name of others. |
