民间借贷中名义借款人还款责任研究
Research on the Nominal Borrower’s Repayment Responsibility in Informal Lending

实际借款人应当受基于真实意思表示下所缔结的民间借贷合同约束，承担还款责任。但为了维护债权人的合法债权不因借款人与担保人身份混淆从而受损，显然在借名人、出名人之间所形成的债务还款责任亦应认定为连带偿还责任。相较于人民法院在日常审判实务中将还款责任基于合同相对性原理一刀切，将名义借款人认定为连带还款责任人，能有效保护名义借款人的追偿权，同时亦并未忽略保护债权人的利益。
The actual borrower should be bound by the informal lending contract entered into based on genuine expressions of intent and bear the repayment responsibility. However, in order to safeguard the legitimate rights of creditors and prevent them from being compromised due to confusion between the borrower and guarantor, it is evident that the debt repayment responsibility formed between the named borrower and the actual borrower should also be recognized as joint repayment responsibility. Compared to the blanket approach of the people’s court in daily judicial practice, which bases repayment responsibility on the principle of contractual relativity, designating the nominal borrower as a joint repayment obligor can effectively protect the nominal borrower’s right to recovery while also not neglecting the interests of creditors.