Legal Study on the Contract of Borrowing Other’s Name for Real Estate Registration: Focusing on Registered Person Defaulting the Contract and Effect of Land Registration

• Main Authors: LIAO, TING-HUI, 廖庭卉
• Other Authors: CHEN, MING-TSANN
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/b4z8g8

碩士 === 國立臺北大學 === 不動產與城鄉環境學系 === 107 === In Taiwan, the contract of borrowing other’s name for real estate registration is meaning about that “Both parties agree that one party provides his name for the other as the registrant of real properties, or only provides his name to the other for registration of real estate. But the management, usage, and disposition of properties are usually succeeded by only one party.” If the resolution on the 3th civil court session of the Supreme Court in 2017 is to be considered, that resolution should be discussed on the premise that the contract is valid. Whereas, the nature of that contract relates to the rights and obligations of both parties, and its validity is related to the validity of disposition from one party providing his name. Moreover, the Supreme Court seems to prefer safeguarding transaction security in the previous resolution, but this will have the misgiving that is depriving one party borrowing name from the other of the interests beyond the necessary limits to protect transaction security. This study mainly discusses the nature and validity of the contract and the validity of disposition through literature review method and economic analysis of law. Based on the process of change in real right of real estate, this study recognizes that one party providing his name is the legal owners of real estate registered, so he has the power of disposition to sell real estate directly. This is more in line with the current legal system and basic jurisprudence. However, law should not protect third party in bad faith, and the risk should be allocated to the party who can manage the risk at the lower cost. In order to conform with balancing of interests, there should be a means to protect the interests of one party borrowing name from the other. Therefore, according to the current theories of protecting the interests of one party borrowing name from the other, this study recognizes that the most efficient means is to give the previous party the right against third party through the registration of the contract. Furthermore, the means has minimal negative effects on transaction security.