摘要： 借名买房是指当事人一方(借名人)经他方(出名人)同意，以他方名义买房并登记，且房屋归属于借名人一方的行为。当事人常订有借名买房协议，综合合同法上的有名合同类型以及学理上关于典型合同与非典型合同的理论，该协议应属混合合同。对该合同的法律适用，应采“结合说”，依个别给付所属合同类型的法律规定加以判断。借名登记中，出名人为房屋的登记名义人，而借名人为房屋的实际权利人，从而导致该房屋上法律物权与事实物权发生分离，在确定房屋归属时，应区分是否涉及第三人利益，以划定法律物权与事实物权的保护范围，并以此规范房屋物权变动。

关键词: 借名买房, 法律物权, 事实物权, 法律适用

Abstract: According to the agreement between one of the parties, who buys a house by the name of another person, and the other party, who provides his name for the buyer, the buyer should pay the price of the house and other costs, and sometimes the buyer should pay for the other party; accordingly the other party should provide his name for the buyer to buy and register the house. According to the contractual law and the theory of the atypical contract, we define the agreement between the parties a kind of hybrid contract. To identify the validity of the agreement to buy a house by the name of another person, we should analyze the content of the contracts of buying a house and registering the house by the name of another person. Because of registering the house by the name of another person, the legal real right, which is held by the another person, and the factual real right, which is held by the buyer, on the house are detached. Therefore, only by de-limiting the protection limits of the legal and factual real right through analysis on the different conditions, where whether exist a third party or not, can we identify the real right of the house.

Key words: Buy a House by the Name of Another Person, Legal Real Right, Factual Real Right, Legal Application