关键词: 借名买房协议, 排除执行, 司法困境, 民法进路

Abstract: The principled provisions in judicial interpretations and the inconsistency in guiding opinions across regions have led to a judicial quandary regarding the exclusion of enforcement in executing agreements related to property purchases under borrowed names. Existing theories, namely the theories of factual property rights, appear to contradict substantive law. Meanwhile, the debt theory directly asserts, through the relative nature of contracts, that the person borrowing the name is entitled solely to a debt claim against the person providing the name, creating a logical gap. A clear theoretical approach to delineate the exclusion of enforcement in executing agreements related to property purchases under borrowed names should be established on the complex structure of these actions: firstly, the contractual parties in the property sales agreement should be discussed and the property rights of the property in question belong to the person providing the name should be explicitly affirmed. Subsequently, it should be clarified that when the agreement related to property purchases under borrowed names is valid, the person borrowing the name holds a debt claim to demand the transfer of property ownership from the person providing the name upon meeting certain conditions. In the case of the agreement related to property purchases under borrowed names being invalid, the person borrowing the name holds a debt claim to demand the return of the purchase price and associat-ed costs from the person providing the name. Finally, a comparison between the debt claim held by the person bor- rowing the name and the rights held by the applicant for execution should be made. If the agreement related to property purchases under borrowed names is invalid or the applicant for execution holds property rights, then this debt claim cannot be excluded from execution. If the agreement related to property purchases under borrowed names is deemed valid, a judge must conduct a comprehensive evaluation.

Key words: property purchase agreements under borrowed names, enforcement exclusion, judicial dilemma, civil law approach