Tang Yu: In the first case, if the house was purchased and registered under Xiaowan's name before Wan and his wife borrowed money from Zhang, the court could not execute the house under Xiaowan's name. In the second case, if the house was purchased and registered under Xiaowan's name after a couple borrowed money from Zhang, Zhang can bring a lawsuit to the court, request to cancel Wanmou's gift to Xiaowan, and then apply to the enforcement court for enforcement of the property under Xiaowan's name.
Wang Ying: Although according to the Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (Trial), the object of court execution is the property of the person subjected to execution, and the property registered in Xiaowan's name is Xiaowan's (third party's) personal property, not the property of husband and wife. However, the property was purchased by Wan and his wife, and Xiaowan had no source of income at the time of purchase. Although registered in Xiaowan's name, it still belongs to the same property of the family, and the debts owed by Wan and his wife are debts owed by the family business, so the family debts should be repaid with the family property, so the property can be executed.
Storytelling: In judicial practice, there are many cases in which one's property is registered in another's name, some are to avoid execution, some are real gifts, some are to hold property rights on behalf of others, and there are many cases in which the actual obligee and the nominal obligee are inconsistent, which brings difficulties to execution. Only by proceeding from the objective reality can the law be applied accurately, and it is not necessary to stick to the name of registration for the property that can be executed according to law after verification.
The Property Law stipulates that property registration has the function of publicizing public trust, while real estate registration shows rights. Unless there is evidence to the contrary, the registered obligee is presumed to be the actual obligee. Therefore, for the registered obligee, there is no evidence to prove that the property right belongs to others, and it is really inappropriate for the court to determine that it belongs to others. However, if the illegal purpose is covered up in a legal form, the interests of a third party are harmed by malicious collusion, or the registration of the registration authority is wrong, it can be considered invalid or revoked, thus being restored as executable property. There is a situation that can break through the registration of nominal obligee, that is, it can be recognized as legal property with the same nature without legal registration. Even if this kind of property is nominally registered as personal property, it does not affect the property with the same nature, such as the property registered by husband and wife in one party's name and the family property registered by family members in one party's name. However, the real estate belongs to the income of a couple, and Xiaowan is supported by a couple and has no independent income. Therefore, there is nothing wrong with Xiaowan's property being recognized as family property.
According to the provisions of Article 29 of the General Principles of the Civil Law, the debts of individual industrial and commercial households and rural contracted households shall be borne by personal property if they are operated by individuals; Family business, with family property. Judging from the above provisions, family property is used for business, and if the income from business is used for family, the debts related to business should also be borne by family property, which conforms to the principle of consistency of rights and obligations and is the basic requirement of the principle of civil autonomy. The debt in this case is owed by the family business and should be repaid with the family property.
In addition, the prerequisite for the people's court to revoke the debtor's free transfer is that the debtor's free transfer has caused damage to the creditor. In other words, the debtor's free transfer of property can only be revoked after the creditor-debtor relationship has occurred. Article 130 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial) stipulates: "In order to avoid the legal obligations that should be fulfilled, the donor gives his property to others. If an interested party claims rights, the gift shall be deemed invalid. " After Wanmou and Zhang formed a legal and effective creditor-debtor relationship, Wanmou's free gift infringed on Zhang's creditor's rights, making Zhang's creditor's rights impossible to realize. This is an act of malicious transfer of property, and the creditor can claim that the gift is invalid.