A Study on the Application of the Contracts of Borrowing Other's Name for Registration
| Autor: | Hsu, Pei-Chi, 徐佩琪 |
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| Rok vydání: | 2012 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 100 The contract of borrowing other’s name for registration means that: “The parties agree with that one party provides his name for the other party as the registrant of real properties and is transferred the right of ownership of real properties; or simply provides his name to the other party for registration of quasi-real and personal properties. But the management, usage, and disposition of properties are succeeded by the others. ” This contract makes the ownership of properties or the rights of ownership inconsistent with the registrations of properties. Trust contract has the same characteristic. This essay is to study the contract of borrowing other’s name for registration and observe its development by contrasting with trust contract, especially in effect of contracts. In early cases, some courts thought that the contract of borrowing other’s name for registration was the same as the passive trust contract so that it should be invalid. However, the courts change their opinions with time. They think the contract of borrowing other’s name is completely different from passive trust contract. As long as there are no reasons offending law or being contrary to public order and good morals of the circumstances, and there are legitimate purposes, the contract shall be effective. Besides, the contract of borrowing other’s name for registration is involving the registration of real properties. This essay also focuses on the relation between the contract of borrowing other’s name for registration and the third party because the contract of borrowing other’s name for registration makes the ownership of properties or the rights of ownership inconsistent with the registrations of real properties. Recently the courts pay attention to the issue about the ownership of properties or rights of ownership when the registered person defaulting the contract. So far, the courts tend to protect the safety of business transactions. In other words, the bona fide third party can obtain ownership of these real properties. Until now, the courts have no final conclusion from the issue about ownership of properties or the rights of ownership. We should keep eye on what happen in these cases and the opinions of the courts. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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