Borrowing a Name to Buy a House to Exclude Compulsory Legal Rules

Abstract

Under the background of the new economic situation in recent years, the market environment is complex and changeable. Based on various factors such as the purchase qualifi cation, loan interest rate, the price difference between new and second-hand houses, whether due to the demand of self-occupancy, investment or hidden property information, the phenomenon of buying a house by name occurs from time to time. There are some difficulties and disputes in both the theory and the practice. This paper takes the typical case of the dispute between Xu Peixin and Zeng Sai to buy a house as the starting point, and clarifies the effectiveness of the ownership of buying a house under a name, the real right and the elimination of execution, and makes some legal analysis and discussion.