If the creditor is unaware of the name loan, the lender signs a loan contract with the nominal borrower, and the loan is actually used by a third party, according to the principle of privity of contract, the nominal borrower is the counterparty to the loan contract. The nominal borrower shall be responsible for repayment.

If the creditor knows that it is a loan in the name of a borrower, for example, the nominal borrower discloses the actual user to the lender, the true intention of the parties is only to borrow in the name of the nominal borrower, and the nominal borrower does not actually participate. If the borrower does not perform the loan relationship and does not enjoy the benefits of the loan activity, the actual user shall be deemed to be the actual borrower, and the actual user shall bear the repayment liability, and the nominal borrower shall be exempted from liability.