Research on the Legal Issue of “Borrowing A Name to Buy A House”

Abstract

With the development of the economy of the times, the phenomenon of buying houses in the real estate market is not uncommon, and its legal risks continue to emerge with policy regulation and debt disputes. This paper analyzes the validity of the borrowed name purchase contract, the ownership of real rights and the review standards of enforcement objections by borrowed names by combining judicial practice and academic disputes, and proposes to construct a judicial adjudication framework for borrowed house purchase disputes by improving the rules of evidence, balancing the publicity of real rights and factual real rights, and strengthening the enforcement objection review procedures, so as to safeguard the security of transactions and the legitimate rights and interests of the parties.