借名购房行为的效力研究

Research on the Legal Effect of Purchasing a House by Using Other People's Name

借名购房协议是当事人之间意思自治的结果,属于我国合同法没有明文规定的无名契约。在私法层面,民事主体在法律没有明文规定的情况下,可依自己的意思创设权利义务关系,只是私法主体的意思自由并不是无限的,如果违反法律的强制性规定或者违反公共利益、社会秩序,将产生无效的法律后果。对于出名人违反借名购房协议而为的处分行为所生效力问题,应尊重物权的公示公信力,原则上认定出名人对标的房屋的处分为有权处分。

The agreement of purchasing a house by using other people＇s name is the result of parties autonomy,such agreement is innominate contract in our legal system. In private law,the parties could set up relationships including rights and obligations at their will,however,parties＇ autonomy of will is not unlimited,the behaviors will be invalid if the mandatory laws and regulations are breached,the public interests and order are violated. As for the legal effect of disposing the house by one party whose name was registered as the owner in violation of the agreement aforesaid,normally,the disposition shall be effective due to the fact that the？ credibility of publication of the rights of property shall be respected and protected.