The Research Of The Ownership Of Commodity Houses Purchased Via Borrowing Other People’s Names

The phenomenon of borrowing other people’s names to purchasecommodity houses occurs frequently in reality, which constantly resultsin numerous legal disputes. The article focuses on the issue of how todetermine the ownership of commodity houses under aforesaidcircumstances so as to balance the interests of all parties involved.The article is divided into four chapters. The first chapter is aboutthe summary of current situation and existing problems of judicialhandling of cases in which the commodity houses are purchased viaborrowing other people’s names. Through introduction and analysis ofcases concerning commodity houses purchased via borrowing otherpeople’s names, this chapter summarizes the inappropriate places in thejudicial reasoning of such cases. From the perspective of dynamicprocess of commodity houses transaction, the second chapter illustratesthe method to determine the ownership in aforesaid cases. Afterdiscussing basic matters including the legal nature of the agreement about borrowing other people’s names, this chapter points out twopossible ownership change processes in aforesaid cases and makes itclear that the process in which the registrant specified in the registerplays a role, is in compliance with the logic of the law by conductingrelevant analysis and argumentation. The third chapter tries to prove theidea proposed in the second chapter from the perspective of staticappearance of right, and primarily analyzes issues including theeffectiveness of commodity houses registration and flawed registration.The fourth chapter focuses on the protection of interests of the partywho actually makes capital contribution and that of the third party whendetermining the ownership.