The Legal Analyzing Of The Behaviors That Real Estate Developers Obtain Bank Loans By False Sales

There has been a kind of behavior that real estate developers pretend to sign real estate sales contracts with others in order to get loan from banks. In fact, developers use the money in a different way and repay it all by themselves. The reason for this phenomenon is that developers are short of money but there is few way of financing in China’s real estate market. At the same time, it also reflects that there are obvious deficiencies in prior-review and post-mortem of China’s current "Personal housing mortgage loan system". This behavior has been widely used by developers, which causes a large number of legal disputes. This phenomenon not only increased the task of court but also weakened judicial authority.I take it as the research subject. The task is to clarify the legal relationship between each behavior, and also analysis the contact and differences between those contracts. The main contents of this article includes the following four aspects:In the first part, I expose problems through real cases. By collecting this area’s civil disputes in recent years, I summed up the disputes’ types and features caused by this bad behavior. Only in this way can I reveal the risks and hazards of this means of obtaining funds.In the second part, I focused on the validity of the real estate sales contract. Based on the legal act’s establishment and effectiveness, we analyzed the nature of the behavior between developers and buyers in name. Next, when it comes to the effectiveness of the real estate sales contract, I analyzed article 52 of the< Contract Law> comprehensively, and get the value of each rule. It helped a lot for me to explain why there existed different reasons in the judgments of the courts. It is noteworthy that the study point out why contract is considered invalid, the root cause is that they harm the public interests.In the third part, I analyzed the legal validity of loan contract. The loan contract is independent of the real estate sales contract, but there is a close link between them, for they are focused on the same economic purposes. The loan contract is invalid because of the loan cheating. Therefore the mortgage contract and guarantee contract are also of no avail.In the fourth part, make a reflection of judicial practice based on the theoretical analysis. By studying the court’s written judgments, I find some problems and then make some feasible suggestions.