A Study Of The Legal Aspects Of The Registration By Borrowing Others’ Name

Legal disputes in the purchase of a house under a borrowed name include three parties and two legal relationships: the registration of a deed of borrowed name between the borrower and the lender,and the sale of the house between the borrower or the lender and the seller of the house.The agreement between the borrower and the lender may,depending on the content of the agreement between the parties,constitute a contract of attorney or a contract without a name.In the case of a contract without a name,the rights and obligations of the parties are subject to the provisions of the subrules or general provisions of the contract law,or the general provisions of the civil law,depending on the specific agreement of the parties.The contract between the borrower and the lender is generally not contrary to the mandatory provisions of laws and regulations,and is not a conspiracy to defraud,and should not be considered invalid.The contract between the borrower and the lender shall be deemed invalid unless the housing in question is related to the policy of purchasing housing and affects the public interest,and there is no other reasonable way that the contract must be declared invalid.In addition to the obligation of both parties to return the property in accordance with Article 157 of the Civil Code,if there is an increase in the value of the property,the rules on the return of unlawful payments will apply.The return does not affect the purpose of the nullity of the legal act,and the lender should be found to have returned the appreciation to the borrower.In practice,the source of the purchase of a house is distinguished by the conclusion of a contract between the borrower and the seller of the house or the contract between the lenderand the seller of the house.In order to determine the ownership of a house in the registration of a borrower,it is first necessary to find out who is the subject of the contract for the purchase and sale of a house.In the case of the purchase of housing or the purchase order,the seller focuses on the identity of the object of the contract,so that the borrower cannot be the subject of the purchase contract and enjoy the ownership of the house.However,in the case of the purchase of an ordinary house,the interpretation of the parties’ intention and the balancing of the interests of the three parties,through the interpretation of who is the subject of the contract of sale and purchase of the house,can also determine which of the two parties is the subject of the agreement in rem.There are cases where the borrower is the subject of the purchase contract.In this case,although the borrower is not registered as the owner,it can be understood that the lenderholds the property instead of the borrower,thus protecting the actual contributor.Enforcement is an extension of the substantive civil law,and the principle of enforcement is that only property that falls within the scope of the executor’s property can be enforced.Where the borrower is the owner,the pecuniary creditors of the celebrity,even in good faith,cannot apply the principle of appearance of rights to enforce property that does not belong to the celebrity.