Analysis Of The Effectiveness Of Contract On Paying Debts By House Purchase Agreement

With the growth of economic and the current level of Chinese capital market, the private lending has been developing out of regulation. Private landing is a good supplement for the capital market, it will cause lots of problems considering its less regulation. There are lots problems comes from the loan and repayment procedure. Especially the problems comes when the loan were guaranteed by house purchasing.In the relative cases, the debtor will accepted every kinds of constraints make any kinds of promises never consider whether they can fulfill them or not just for an immediately loan, even sign a house purchasing agreements by selling a house they don’t want to. When the debtor cannot repay the loan on time the house purchasing will applied. But the debtor would not accept the purchasing agreements, the law suit go therefore.Those cases are not easy to judge. In the journal of The People’s Judicature and Gazette of the Supreme People’s Court of the People’s Republic of China, there are two relative cases posted in 2014, those two cases which has nearly the same conditions but judged alertly differently.There are several kinds of theories can be used in this kind of cases. Such as transfer security, and Datio in solutum which are not supported in our concurrent law system. Some experts want to explain the problem as atypical agreement, or take it as a loan pretending as house purchasing, it will deny the house purchasing by the theory of Autonomy of Will. After introduced the cases, we analysis them by different theories. The problems will appear as different kinds of rub by analysis with different kind of theories.Following is the structure of this thesis:In the first chapter, which is following the section of introduction, we introduce those famous cases on the problem in the chapter one. The details of those cases and the process how to judge them.In the second section, we proposed how to use those relative theories explain how to deal with the cases. Such as security transfer, and latter security transfer. And use the theory about Datio in solutum. Neither security transfer nor Datio in solutum were supported by our concurrent law system, but as the authority’s view, a security transfer is an unwritten law in our daily commercial activities. It needs to be approved.In the third section, we introduce the analysis by the different judgments. With is considering the concurrent statement of our capital market. And the different judgment has the different influence to the capital market, especially to the private loan market, which is an important part in the nowadays capital market.In our point of view, private loan is an important part in the capital market, it will be necessarily to considering whether the judgment is good or not.