Study on the Validity of the Contract of Affordable Housing Purchased by Borrowing Name -- Two Point Exploration from Empirical Evidence

DOI

10.2991/ssmi-18.2019.68How to use a DOI?

Keywords

purchase house by borrowing name; affordable housing; validity of the contract; effective condition.

Abstract

Due to the rapid rise of housing prices and other reasons, many people borrow other's name to buy houses, this paper is to explore the validity of contract of affordable housing purchased by borrowing name. The theory circle has different understanding about the quality and validity of the affordable housing purchased by borrowing name. Because it is a simultaneous contract, it should be divided into the conclusion of housing contract and borrowing name for registration. Based on the data statistics of the judgment documents from the three aspects of basic facts, the reasons and the results of the judgment, it is concluded that the theory of consensus respect is adopted in judicial practice. Based on the theory and practice, two issues concerning the validity judgment of contract are found after analysis: the application of item 52 (5) of the contract law and the explanation of "meeting the listing conditions". With regard to the former, the validity of the contract should be confirmed from the perspective of normative content. The "public interest" in this occasion should be presented as a matter of preparation. In principle, we should not negate the validity of the contract of affordable housing purchased by borrowing name. As for the latter, "meeting the transaction conditions" should be interpreted as an effective condition for the consideration of logic and results. In the light of these two points to form a way to judge the validity of the contract of affordable housing purchased by borrowing name, attention should also be paid to the interest balance of both parties.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Qianhui Jin
PY  - 2019/02
DA  - 2019/02
TI  - Study on the Validity of the Contract of Affordable Housing Purchased by Borrowing Name -- Two Point Exploration from Empirical Evidence
BT  - Proceedings of the 2018 International Symposium on Social Science and Management Innovation (SSMI 2018)
PB  - Atlantis Press
SP  - 405
EP  - 414
SN  - 2352-5428
UR  - https://doi.org/10.2991/ssmi-18.2019.68
DO  - 10.2991/ssmi-18.2019.68
ID  - Jin2019/02
ER  -