“借名买房”合同的法律效力分析

An Analysis of the Legal Effect of the Contract of "Borrowing Name to Buy a House"

现实生活中,"借名买房"现象屡屡发生。登记所有权人与实际出资人之间上演"夺房大战"的现象也屡见不鲜。那么房屋究竟应该归属于谁?要想解决此问题,必须对"借名买房"合同的效力问题加以分析和认定,司法实践中存在截然相反的两种观点,即有效和无效。案情相似,但是判决结果相反的现象违背了法律"公平、公正"的精神以及"同案同判"的理念,研究"借名买房"合同的效力问题因此也显得十分必要。"借名买房"合同并未违反法律、行政法规的规定,"借名买房"合同的订立与履行也并不必然损害国家利益和社会公共利益。认定其无效时应持谨慎态度。

In real life, the phenomenon of "buying a house by name" often occurs. The phenomenon of " taking a house fight " between the registered owner and the actual investor is also common. So who exactly does the house belong to? In order to solve this problem, it is necessary to analyze and identify the validity of the contract. There are two opposite viewpoints in judicial practice, that is, valid and invalid. The case is similar. However, the contrary result of the judgment goes against the spirit of "fairness and justice" of the law and the idea of "co-adjudication". Therefore, it is necessary to study the validity of the contract. The contract does not violate the provisions of the law and administrative regulations. The conclusion and performance of the contract of "using name to buy a house" is not necessarily harmful to the national interest and the public interest, and it should be regarded with caution when deciding that it is invalid.