限购令下借名购房的法律风险探讨

各级政府发布的限购令只是一些通知、意见，本质上不属于法律法规。按照我国《合同法》第52条及《（合同法）解释二》的规定，只有违反效力性强制性规范的规定才是无效的。借名购房人虽有规避限购令之嫌，但借名购买普通商品房合同一般是有效的。实际购房人和名义购房人借名购房法律风险颇多，有所有权权属争议、处分权利受限以及共担责任风险。限购令下，实际购房人确需借名购房的，应当谨慎对待，实际购房人应当慎重选任名义购房人，书面签订借名购房协议，保留相应购房凭证，及时更正登记或尽早过户，以利把风险降到最低，切实维护自身权益。

On the Legal Risks in Purchase of Real Estates Under the Name of Others in the Restricting Purchase of Real Estates

The orders of restricting purchase of real estates, released by government at all levels, are just some notifications, opinions. In essence, they don＇ t belong to laws and regulations. In accordance with Article 52 of Contract Law of the People＇ s Republic of China and the interpretations of the Supreme People＇ s Court on certain issues concerning the application of Contract Law （ Part Two）, only the regulation violating the provisions of the effectiveness of peremptory norms is invalid. Although buyers under other names avoid suspicion of the orders of restricting purchase of real estates, ordinary commercial contracts by buyers borrowing other names are generally effective. Legal risks involve in the actual and nominal buyers when they purchase real estates, such as ownership disputes, restriction of disposition rights and the sharing liability risks. Under the orders of restricting purchase of real estates, the ac- tual buyers, who do need to borrow other names to purchase real estates, must treat it discreetly, should carefully elect nominal buyers, should sign written agreement, retain the corresponding purchase documents and timely correct the registration or transfer as soon as possible, in order to minimize the risks and effectively safeguard their own interests.