The Legal Analysis Of A "Borrowing Name To Register" Case

The property rights are classified into immovable property right and movable property right, self property right and other property right, full property right and limited property right.These kinds of classification are within the legal property rights.they ignore the fundamental classification-the legal property right and the true property right.This kind of classification is based on the principle of statutory publication.The principle of statutory publication is a basic principle in property law.The ways for publication include registering and possessing.The legal property referred to the property which is show by statutory publication,its validity is presumed;The true property is owned by the real owner,but it lacks the appearance of publication.The law property usually dovetailed with the true property right.Due to some unpredictable reasons,however,they distinguish from each other.It is necessary to make a classification when they exist differently from each other.According to the principle of statutory publication, the legal right are absolutely credible.The law presume the registered right and the possessing right are the real right in order to protect the market order and the exchange safety.However,the true right is a real right and deserve to be protected,So,how to balance the interest relationship between the true property and the legal property,and that is the conflict between the two rights.With the development of our market economy,the business exchange become more and more frequent and complex.The two rights are often being separated.However,the research on this issue have not reach into a high degree,The research is meaning not only on legal theory,but also on practice.This essay try to study this issue through a usual "borrowing name to register "case.Firstly, the essay discuss the nature of "borrowing name to register "cases and points that the essence of "borrowing name to register "case is the conflict of the legal property right and the true property right.Secondly,this essay define the two rights and list their differences.Finally.this essay discuss the law theory of protection to the true property right and come to a conclusion about how to deal with the conflict of the legal property right and the true property right. In a word,the law will protect the real property right if no third party is involved.The law focus on fact and protect the real right even through the true property right lack the appearance of publication;The law insist on the principle of statutory publication if the third party is involved.under this circumstance,the law admits the legal property right in order to protect the interest of the third party.The true property right eliminate.