| Borrowing money by name refers to the act of borrowing money from the lender in the name of the borrower.It involves the borrower(the actual borrower),the lender(the nominal borrower)and the third party(the lender).Its legal structure includes the internal borrowing behavior between the borrower and the famous person,as well as the external borrowing behavior between the borrower and the lender.In essence,the act of borrowing names is a civil subject’s disposition of the right of name or the right of name,which has legal effect.The difficulty of external borrowing behavior lies in the determination of the person responsible for repayment.In this regard,the principle of autonomy of will and relativity of contract should be comprehensively applied,and the direct borrowing and indirect borrowing should be judged separately.In the direct borrowing behavior,if the lender knows about the borrowing behavior,it should apply the provisions of Article 146 of the general principles of civil law on false behavior and hidden behavior,and the borrower should bear the repayment responsibility;if the lender does not know,it should choose to apply the rules of major misunderstanding or contract relativity according to the lender’s wishes,and the borrower or famous person should bear the repayment responsibility.The indirect borrowing behavior is essentially an indirect agency behavior,and the provisions of article 402 and 403 of the contract law on indirect agency should be directly applied.That is to say,when the lender knows the name borrowing behavior,the borrower shall bear the repayment responsibility directly.When the lender does not know,the famous person has the disclosure obligation,and the lender obtains the option. |
