挂靠开发房地产项目不能解释成合伙取得物权——以司法案例为视角

The Affiliated Development of Real Estate Projects cannot be Construed as a Partnership to Obtain Property Rights——From the Perspective of Judicial Cases

房地产开发项目中,挂靠者不能基于挂靠取得开发项目的物权,同时法院也不能把挂靠解释成合伙,而赋予挂靠者物权。如果把挂靠解释成合伙关系,忽视房地产开发项目的资质问题,把房地产项目的物权赋予挂靠者,不但违反了法律强制性规定,而且通过民事诉讼把法律禁止的行为合法化,支持了物权的非法取得。物权必须合法取得,不能基于挂靠取得物权,更不能滥用法律,把挂靠解释成合伙而取得物权。

In real estate development projects,affiliates cannot obtain property rights for development projects based on affiliation,and they cannot interpret the affiliation as a partnership and give the sponsors property rights.If the connection is interpreted as a partnership,the qualification of real estate development projects is neglected,and the property rights of the real estate project are assigned to the affiliated persons,not only violates the mandatory provisions of the law,but also legalizes the actions prohibited by law through civil lawsuits and supports the real right,illegally obtained.Property rights must be obtained legally.Property rights cannot be obtained on the basis of affiliation.