A Study On The Validity Of The Agreement On Purchasing Affordable Apartment Under Other’s Name

The effectiveness of the agreement to buy affordable housing under the name should not be generalized,but should be treated differently according to the specific situation.In judicial practice,there are two different ways of thinking and results.Based on the summary and analysis of the two judgment ideas,this paper interprets the relevant basis for the validity determination of the agreement to purchase affordable housing under the name,and then explains the focus of the disagreement between the practical and theoretical circles--the application of the rule basis and the policy basis.It puts forward the principle of proportion to determine the validity of the house purchase agreement under the name of: for the case involving the affordable housing less than five years at the time of prosecution,does not meet the conditions of listed trading or celebrities to buy the affordable housing for investment or speculation,the most appropriate judgment contract invalid;For cases where the affordable housing involved in the lawsuit has been over five years and meets the listing transaction conditions,or where the housing involved in the case meets the transaction conditions as agreed in the original contract signed by the celebrity and the celebrity,it needs to be analyzed in a specific way.If the affordable housing purchased by the celebrity is used for self-occupancy and has actual housing demand,rather than other illegal purposes,it needs to be analyzed in a specific way.It is more convincing to judge that the contract is valid and more fair.