Research On The Effectiveness And Relief Approach Of Name-borrowed House Contact Under The Policy House-purchase

With the continuous development of economy,housing,as a part of personal property,has become one of the important social property,and the country and people pay more and more attention to housing.In order to protect the interests of the people and ensure that people have their own houses,the state has introduced the low-income housing policy,public rental housing,low-rent housing and affordable housing.Compared with ordinary commercial housing,they have more concessions in price,but there are strict restrictions and reviews on the qualifications of the buyers.Many people who do not have the qualification to buy a house in order to take benefits,use the identity of people who have the qualification to buy a house under the name,also produced many disputes,the number of such cases in judicial practice.However,the current law lacks corresponding legal norms for such cases,and there are multiple standards for the nature and validity of contracts in the judgment.This paper selects the most representative cases related to the dispute of affordable housing,hoping to start with the case to study the contract dispute of the policy house purchase under the name of the house purchase.This paper is divided into four parts,which are: case analysis,the nature and effectiveness of the policy house purchase contract,the ownership of the house purchase under the name of the contract and the relief of the parties.The first part is case study.Two cases in which the contents of the dispute are the same,but the verdict and the gist of the judgment are completely opposite analyzed.This paper expounds the basic facts of the case and the gist of the judgment and analyzes the three problems in the case: the validity of the contract,the ownership of the house,and the exclusion of the third party from compulsory execution.The second part focuses on the nature of the contract and the effect of the contract.As for the nature of the contract,the thesis thinks that the contract belongs to the mixed contract of agency contract and sales contract.As for the validity of contract,the paper analyzes the general validity of the sale contract under the name from three aspects:whether there is "covering up the illegal purpose in the legal form",whether it violates the mandatory laws and regulations and whether it damages the public interest.This paper analyzes the special effect of the policy housing security from two aspects: the effect rank of the relevant policy and whether the violation constitutes the violation of public order and good custom.In the third part,the paper expounds the right ownership problem after the dispute arising from the purchase and sale of housing under the policy name.When the house does not involve a third person,it can directly decide to belong to or borrow a celebrity according to the validity or invalidity of the contract;When the house involves a third party,the ownership of the house shall be determined based on specific circumstances such as whether the third party acquired the house in good faith.And after the promulgation and implementation of the Civil Code,the influence of the residence right established on the involved houses and the housing ownership.The fourth part is the case after the dispute each party can take the remedy way research.This part is written from the celebrity,the seller and the third party of the case respectively,the celebrity as the actual payment of the house and the actual buyer can ask the celebrity to return to the house,in the name of the contract is valid,but also has the right to exclude others from the enforcement of the house involved;The seller may terminate the sale of the house under the name of the house,and the seller who has sold the house may demand the cancellation right;For the third party,the paper discusses the alternative relief ways for house buyers and other house buyers.