Lawyer's interpretation of the national school registration replacement case: Younger brother claims the family was not divided — how should the dispute over purchasing a house under someone else's name be characterized and rights protected?
Recently, a case involving the substitution of one brother's academic registration by another has drawn national attention. The younger brother involved publicly responded, insisting that the two brothers had not "divided the family property," and therefore no house purchase under a borrowed name existed. This case not only touches the bottom-line issue of educational fairness, but also raises complex legal disputes over family property ownership and the validity of borrowed-name house purchases. From a lawyer's perspective, the incident involves multiple legal relationships, including administrative liability, civil torts, and even criminal risks, serving as an important cautionary lesson for ordinary families and businesses alike.
The Legal Nature of Academic Credential Substitution and Liability
Academic record substitution is not simply "attending school under someone else's name"; its essence is an illegal act that infringes upon another person's right to name, right to education, and right to identity. Pursuant to Article 1014 of the Civil Code, no organization or individual may infringe upon another person's right to name or right to entity name through means such as interference, misappropriation, or impersonation. Misappropriating another person's academic record information directly constitutes an infringement of the right to name.
Meanwhile, Article 9 of China's Education Law explicitly stipulates that citizens have the right and obligation to receive education. The act of substitution deprives the substituted person of the opportunity to receive higher education and infringes upon their right to education. In judicial practice, similar cases are mostly recognized as torts, and the injured party may claim compensation from the at-fault party in accordance with Article 1165 of the Civil Code, including compensation for mental distress.
In addition, if the impersonation process involves forging documents, seals, or other such acts, it may violate Article 280 of the Criminal Law, constituting the crime of forging, altering, or trading identity documents. Even if it occurs among relatives, criminal liability cannot be exempted. Lawyers remind that academic credential impersonation is not a "family matter"; once verified, those responsible will face administrative penalties and even criminal prosecution.
Can a family that has not yet divided property preclude the determination of a home purchase made under another's name?
The brother's argument that "the family was not divided" to deny the nominal purchase of the house is not legally sufficient. The establishment of a nominal purchase relationship hinges on whether there is mutual agreement between the parties regarding the nominal purchase, as well as facts such as actual capital contribution, use, and custody of property ownership certificates. Whether the family is divided only affects the internal agreement on family property division and does not directly determine the ownership of the property.
Under Article 209 of the Civil Code, the establishment, modification, transfer, and extinguishment of real property rights take effect upon registration in accordance with the law. If the real property is registered under the younger brother's name, but the older brother can prove that he actually paid for it and has resided in and used it for a long time, and the two parties had agreed that the older brother would enjoy the rights and interests, then the older brother may assert the existence of a borrowed-name property purchase relationship. In judicial practice, courts typically determine the true rights holder by comprehensively considering evidence of payment, the purchase contract, mortgage repayment records, property management fee payment vouchers, witness testimony, and other factors.
The claim of "undivided family property" is difficult to overturn the validity of registered public disclosure without a written agreement or clear evidence. Lawyers advise that family members should clearly define property ownership to avoid blurring legal relationships with "familial affection"; otherwise, once a dispute arises, the burden of proof becomes extremely difficult.
Judicial Determination Standards and Risk Warnings for Purchasing Property in Another's Name
Although purchasing a house in another person's name may receive court support under specific circumstances, it is not without risk. Pursuant to Article 153 of the Civil Code, if purchasing a house in another person's name violates mandatory provisions of law or public order and good morals, the agreement may be invalid. For example, where the arrangement is used to circumvent purchase restriction or loan restriction policies, some courts hold that it harms the public interest and refuse to support it.
In the context of "undivided family property," courts pay more attention to actual capital contribution and genuine expression of intent. If two brothers jointly contribute to the purchase of a house without specifying their respective shares, it may be recognized as family common property rather than a personal nominee relationship. In such a case, the division of property should be handled in accordance with Article 308 of the Civil Code concerning co-ownership relations.
Lawyers advise that when family members purchase property together, they must sign a written agreement specifying the contribution ratio, property ownership, and usage rules. Keep original vouchers such as bank transfer records, purchase contracts, and tax receipts. In the event of a dispute, consult a professional lawyer promptly and protect your rights through an action for confirmation of rights or contract dispute litigation. Otherwise, once the property is sold or mortgaged without authorization, protecting your rights will become passive.
Family Property Compliance and Legal Risk Prevention: Insights from Individual Cases
This case reflects the legal blind spots many families have in property management. Many households are accustomed to "not distinguishing between what's mine and yours," but legally, rights and obligations always rest on evidence. In the case of academic credential impersonation, the younger brother's response seems reasonable on the surface, yet it is difficult to conceal the potential facts of infringement. For ordinary people, this serves as a reminder: familial affection cannot replace the law, and major matters must leave a paper trail.
Companies must also take heed. If employees engage in fraudulent use of educational credentials or identities, the employer may invoke Article 26 of the Labor Contract Law to assert the contract's invalidity and terminate the employment relationship. At the same time, enterprises should establish rigorous pre-employment screening mechanisms to mitigate legal risks arising from false identity information.
In the face of such disputes, professional lawyers can provide crucial assistance. Guangdong Zhiming Law Firm has深耕 the civil and commercial field for many years, with extensive experience in tort disputes, real estate rights confirmation, and family cases. It can offer clients comprehensive legal services such as evidence organization and litigation strategy development, helping to protect rights in accordance with the law.
The student status replacement case is not merely a tragedy of individual cases, but a warning of weak legal awareness. Regardless of internal family agreements, the law always operates on the basis of facts and evidence. Only by confirming rights in a timely manner and standardizing procedures can we avoid disputes that are "too tangled to unravel" and ensure that legitimate rights and interests are effectively protected.
