Research on the Ownership Dispute of a House Purchased in a Borrowed Name
MA Kaixuan
Abstract：In Chinese judicial practice,we often see disputes over the ownership of a house purchased with a"borrowed name".The inconsistency between the purchaser's name and the right to the real estate brings confusion to the judicial judgment.Judicial decisions of such cases made by different courts are different from each other,owing to the lack of specific regulations on such matters in the Civil Code of People's Republic of China(Civil Code for short)and related judicial interpretations.Therefore,judicial decisions should be treated properly,based on the concept of civil law of autonomy of will,and the basic legal principles of the Civil Code and the spirit of relevant judicial interpretations,on the basis of systematic legal analysis of the ownership of housing property rights in the disputes of borrowing names and purchasing houses.
Keywords：borrowing name to purchase housefactual real rightslegal real rightsownership of property rights
Publication Date：2024-09-20
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：4( 43-46 )