Middling of building business course often involves various legal issues, how should when facing these problems, we do? Here has 5 when everybody cares most problems about effectiveness of building business contract, answer for everybody doubt dispels doubts, will quickly look.
? To the effectiveness of contract of rural house business, our country disables with maintaining in solid Wu at present for the principle, maintain it is exception effectively. Involve necessarily because of rural house business curtilage base business, and curtilage base business is illicit of place of our country law, administrative regulations, rural house business cannot deal with change of property right certificate to register, because of this basis " contract law " the 52nd, the effectiveness in principle of this kind of contract should be maintained invalid, but the member that if buyers and sellers is group of same collective economy,weave, passed curtilage base examines and approve formalities, can hold a contract effective. 
? This is solid Wu Central Africa often see " contract of yin and yang " case. The become effective of a contract must satisfy a few important condition: Bilateral party has corresponding civil action capacity; Bilateral meaning expresses true; Content is lawful, still having is become effective condition already was accomplished. Be in " contract of yin and yang " in, the true meaning that the contract that signs in place of house property intermediary is both sides commonly expresses, and the contract when the net is signed, often be to deviate from far the market clinchs a deal of valence, its motive is expended to evade national tax, be not the true meaning that is buyers and sellers to express. And the behavior that escapes tax cost is belonged to " ill will is colluded with, damage country, collective or interest of the 3rd person " , according to contract law fiftieth 2 regulation, this contract is invalid contract. Accordingly, below this kind of circumstance, bilateral should with true meaning denotive contract is accurate. 
? Although this building is husband and wife common property, but look from idea, vendee has reason to believe this building is landlord one person is all, and the true meaning that the contract that both sides reachs with respect to deal house place is both sides expresses, the contract is active. In addition basis " the explanation that top people court uses legal issue about hearing case of business contract dispute " regulation, there is droit to the content of mark when party one party concludes a treaty with betraying a person to be in or advocate the contract is invalid for punish authority, people court does not grant to support. But in solid Wu, although the contract is active, but often do not cooperate change the name of owner in a register as a result of one party spouse, bring about contract purpose to cannot come true finally, buy right now suffer square can the loss with respect to oneself to claim for compensation of the other side, but process often very hardships. 
? If prove a file to wait for a data through forging social security, hid the fact that does not have the qualification that buy a house to the bargainor, the bargainor is subjective go up nonexistent fault, so bilateral contract still is effective, but the bargainor is OK basis " contract law " the 94th regulation exercise is legal remove authority, remove contract, confiscate corresponding deposit. If the bargainor knows perfectly well his not to have the qualification that buy a house to still sign a contract to it, so according to " contract law " fiftieth 2 regulations, ill will is colluded with, damage country, collective or interest of the 3rd person or the contract that cover illegal purpose with legal form belong to invalid contract. What need to remind in addition is, forge social security to prove to wait for a file to attribute illegal action, be cancelled possibly to buy room qualification not only, the clue is serious be faced with criminal possibly even to punish. 
? In practice, because buy room qualification limitation, get the account such as loan, agreement of buyers and sellers, one party buys a house with other name, register the building in other under one's name, the case that borrows celebrity to enjoy building rights and interests actually is very common. We think, the agreement of the room is bought about lending a name between party, what want not lawbreaking, administrative regulations only is mandatory regulation, belong to namely effective, party ought to be fulfilled according to the agreement. Accordingly, in do not involve kindness to trade the 3rd person, and below the case that the building can handle move to register lawfully, borrow celebrity to ask according to the agreement the person that register deals with building droit move to register, should grant to support.
(origin " Zhejiang lawyer " )
