Research Of The Right Of The Defense Extension In The Commercial Apartment Credit Consumption

Commercial apartment credit consumption is a way of consumption emergingwith the development of market economy. The purchase contract and the secured loancontract are linked contracts, which constitute the applicable premise of the right ofdefense extension. The right of defense extension plays an important role in protectingthe interests of the apartment buyers.The first part of the article analyzes the legal relationship types contained in thecommercial apartment credit consumption and the operation in practice. Through twotypical cases, the article has revealed the risks the buyers easily encountered whenfacing the developers and lenders. The handle of the disputes in Commercialapartment credit consumption is complex, so it is necessary to make clear about therelationship between the purchase contract and the secured loan contract.The second part introduces the applicable premise, the historical evolution andconstitutive requirements of the right of defense extension. This part firstly analyzesthat the purchase contract and the secured loan contract constitute linked contracts，which has influenced each other in legal effect. The linked relationship is theapplicable premise of the right of defense extension. Secondly, using the comparisonanalysis method, the author expounds the right of defense extension in the generationand development of several countries in the world. Finally, through summarizing the application of the right of defense extension throughout the world, the authorconcludes the constitutive requirements of defense extension as well as theconstitutive requirements applied in the commercial apartment credit consumption.The third part concerns about the legitimacy of the right of defense extension，which shall not be exempt in advance. The right of defense extension is undoubtedly abreakthrough of contract relativity principle, which is the basic principle of civil law.This principle is of great significance in protecting the freedom will of civilindividuals. Any breakthrough of contract relativity principle should have thelegitimacy. The legitimacy of the right of defense extension is to protect the interestsof the disadvantaged homebuyers and make credit benefit protection in the legalrelationship into balance. Moreover, starting from the principle of format terms andfair integrity, the right of defense extension shall not be exempt in advance throughthe terms of agreement.The fourth part of the article is related to the problems of the right of defenseextension in the judicial interpretation of China. The right of defense extension ispartly involved in judicial interpretation, but the rules are more general. The authoranalysis these problems combined with the case of judicial judgment and put forwardthe insufficient as well as solving measures of the judicial interpretation.