The Study Of Conflict Of Laws Between The Purchase Of Consumer Rights To Subsistence And Bank Mortgage

This essay is to do research about the conflict between the house consumer's rights of survival and the bank's hypothec,to propose how to handle the conflict correctly.The essay compares and analyses the house consumer's rights of survival and the creditor's rights,suggests how to guarantee the house consumer's rights of survival.The essay analyses through the effect of the society,finally gives the legislative proposal, in order to decrease this type of conflict.The essay includes four sections besides introduction and concluding remarks.In the first section,the essay unites the rule that the house consumer's rights of survival is more important than the rights of creditor which is established by the Guangdong higher people's court,by means of analysis of《Guaranty law》and such judicative expounds,《Property law》with《Supreme people's court's interpretation》,《Law of the protection of Consumer's rights》,and then come to the conclusion that the interpretation can not revise the statue,so on the basis of the protection of the house consumer's rights of survival,consumer should be the one who buy the house only for living,moreover conduct the registration,and pay more than 50%of the total money of the house,only in the case,is the consumer's rights to the house superior to the contractor's rights.And the consumer's rights is also superior to the creditor's hypothec.But we can not directly draw the conclusion that the house consumer's rights is preferential than all the creditors' hypothec.And other types of conflicts between the creditor's hypothec and the consumer's rights,we ought to handle on the basis of the guaranty law.Otherwise,the protections among the consumers will be unfair.And it will confuse the rights of survival and the rights of ownership,and will encourage the consumer to evade the statue,and will initiate new unfairness,moreover will damage the system of statue,will arouse the conflict between the statue,will do harm to the implement of law.In the Second section,the essay analyses the rights of survival,points out its definition and the importance.Although the rights of survival is very significant,yet the guarantee of rights of survival depend on social security system which is set up by the country, but should not sacrifice the creditor's rights which is the most important property rights.Wealth which is the base of the system of social security, needs the protection of the creditor's rights.So we should balance these two kinds of rights.We should handle the creditor's rights according to the law,when the problem of the rights of survival arises,we should handle it by means of social security system.In the third section,the essay points out that in order to guarantee the financial security,decrease the bank's hazard,we can not unilaterally compare the rights of survival with the creditor's rights.We can not blindly sacrifice the bank creditor's rights. Otherwise it will arouse financial crisis and other greater society crisis,and will do harm to the real estate trade.At the same time,the principle that the rights of survival is superior to creditor's rights is lack of actual operation,which will bring unfairness in the trial.And when it comes to establish the harmonious community,the harmonious community will not die out all conflicts,but it will establish some mechanism,which will resolve difference and conflicts,so that it won't do harm to the development of the society.In the fourth section,the essay gives some proposals,on how to clearly and definitely interpret the way to handle the conflict between the rights of the consumer and the bank's hypothec by means of legislation.Moreover we ought to improve the legislation about registration of buying house,about how to supervise the sales by the real estate businessman.We should handle the problem of consumer's housing by means of the social security system,and strengthen the legal propaganda in order to decrease this kind of conflict,and protect consumer's rights of survival.