Research On Protectting The Real Person‘s Interests About Borrowing Name To Register House Property

Borrowing name to register house property right is the phenomenon that the actual purchasers who borrow another person’s identity to buy and register houses.In this process, borrowing name to register are the real property owners who actually pay for houses.The registered name are nominal registrants who lend their names for real estate registration. According to China’s "Property Law" Article 9, registration is the requirement to make changes in real property right effective. The house is a typical representative of real estate,and changes in the ownership of the house can take effect only after registration。Borrowing name to register house property right often happens in real life, which causes property ownership disputes and becomes a hot social problem. Under normal circumstances, property registrants are consistent with actual buyers.That is to say, property registrants are proprietors of houses. But in the phenomenon of borrowing name to register house property right, nominal registrants and actual purchasers are not the same people.The registered name is not the real buyer but other people. At this time,the real right of law separated from the real right of things.People in the real right of things are the real property owners, and people in the real right of law are obligees who have property rights through legal way in publicity and their rights protected by law. According to China’s "Property Law" Article 16, the property rights after registration means the real right of law,which is considered to be legitimate property rights and to be protected. However, without registration, people in the real right of things are not recognized in law,which damages the interests of real property owners. The real right of law can not fully reflect real situation of the right over immovables. It is necessary to timely recognize and protect the real right of things.Protecting the interests of real property owners is helpful to ease the rigidity in the legal doctrine of real right and improve the judgment standard in the legitimacy of property,and it reflects the essential requirement of autonomy of private law,which has great theoretical significance. Moreover, protecting the interests of real property owners is to safeguard social fairness and justice, which is of great significance to achieve social harmony.In property ownership disputes, different measures should be taken to protect the real property owners depending on whether the interests of third party acting in good faith involved.At the same time, the law should not be admitted the effectiveness in the contract of borrowing name to register house property right in illegal cases.The interests of real property owners in borrowing name to register house property right should be protected. This will help prevent absolutization in publication of real right and balance the interests between the real property owners and the third person, further improving real estate registration system in China.