Yide, Ma --- "Legal application concerning the purchase of a house in the name of others" [2017] ELECD 351; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 186

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434302

Section: Chapter 9

Section Title: Legal application concerning the purchase of a house in the name of others

Author(s): Yide, Ma

Number of pages: 28

Abstract/Description:

The purchase of a house in the name of others refers to a specific behavior or act in which one person buys a house in the name of another with permission, and then officially registers as its legal owner. More often than not, the name-lender and the name-borrower have previously entered into an agreement concerning such a purchase. In accordance with both the types of contract categorized in Contract Law, as well as the various legal theories concerning the typical and non-typical contracts, this most appropriately falls into the category of a contract with a mixed nature. Therefore, in the application of laws in such cases, an approach that combines various factors should be used. That is, any judgment should be made in accordance with the legal stipulations concerning the specific type of contract made by name-borrowing buyers and those who lend their names. When the borrower of the name gets a house officially registered, there is a marked divorce between the legal right and the actual right: the lender of the name owns the house in name, while the borrower of the name owns the house in actuality. When it comes to a decision concerning anyone who owns the house, the interests of a third person should also be taken into consideration so as to clearly mark out the range of protection for legal right and actual right, and to regulate any changes concerning the ownership of the property. Keywords: purchase of a house in the name of others, legal real right, actual real right, legal application Author: Ma Yide, Professor in School of Law, Zhongnan University of Economics and Law