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近年来,为抑制房价过快上涨,北京、上海、广州、深圳等国内一线城市均实行了房地产限购政策,以限制炒楼之风。但部分投资者通过变通措施,企图绕过限购政策。本文从公证实务出发,通过一宗房地产赠与合同公证的个案办理,揭示了目前存在的公证办理的意思自治与房地产限购政策的冲突,并提出了未来房地产限购政策制定应当依法限购的主张。
In recent years, in order to curb housing prices rising too fast, Beijing, Shanghai, Guangzhou, Shenzhen and other domestic first-tier cities have implemented a real estate purchase policy to limit the style of speculation. However, some investors tried to circumvent the purchase restriction through flexible measures. Based on the notarial practice, this paper deals with a case of notarization of real estate donations and contracts, revealing the conflict between the existing autonomy of ownership and the policy of real estate restriction, and puts forward the opinion that the restriction policy of real estate purchase should be limited according to law.