The Attribution Of Ownership And Disposition Of Borrowing Others' Name For Real Estate Registration

The content of borrowing others' name for real estate registration shall be: the parties agree with that one of the parties provides his name for the others as the registrant and is transferred the right of ownership of the real estates,which belongs or will belong to the other party.But the management,usage,and disposition of them are succeeded by the others'.The core issue of borrowing others' name for real estate registration lies on the attribution of the real estate that the party borrows others' name for registration.In terms of the alteration of real rights,the contract that the party borrows others' name for registration is based on the real intention of the parties and does not violate a mandatory provision of any law or administrative regulation,or harm public interests.Also because of the autonomy of private law and the freedom of contract,we admit that the contract,which is the causa of the alteration,shall be effective.In addition,based on the consensus to borrow others' name for real estate registration,the party who borrows others' name has transferred the right of ownership of the real estate to the registered person and accomplished the public summons,which means the real right of the real estate has been altered to the registered person.Hence,the registered person has the right to dispose the real estate that the party borrows others' name for registration and therefore the third party can acquire the real right.Furthermore,constrained by the privity of contract,the contract which restricts the registered person's ownership cannot impose obligations arising under it on any person except the parties.According to this,the registered person's creditors can apply to the court for compulsory execution over the real estate that the party borrows others' name for registration.Additionally,when the registered person becomes insolvent and its assets are insufficient to discharge all of its debts,the creditors can bring the real estate that the party borrows others' name for registration into the property in bankruptcy.However,under this circumstance,the party who borrows others' name can only exercise the creditor's rights,since the registered person has damaged liability of non-performing the obligation.