In The Form Of Real Estate Sales Contracts Guarantee The Effectiveness Of Identification

Let the security system originated in ancient trust system, Germany, Japan, Taiwan of China and the security system are about to make setting and jurisprudence, the typical type of security can be divided into mortgage, pledge, lien are three and three make and guarantee there are obvious differences between China’s current legal provisions guarantee system guarantees typical type, along with the construction of urbanization on China’s entry into the tightening trend of rapid development and national macroeconomic monetary policy, financial institutions, monetary tightening has become the norm, and the market economic entities, especially private economic agents continued strong demand for financing, these private financing for the new body to spare no effort to explore ways of financing guarantees, and use a variety of new ways of financing guarantees in economic activity, which is the economic development of the times giving legal theorists and judicial practitioners new tasks and challenges in the context. In recent years, there has been new form of guarantee that uses the commercial housing sales contract as the loan contract to guarantee. In one case, the Supreme People’s Court has recognized the validity of using the commercial housing sales contract as guarantee, which is of progressive significance. The study on the validity of using commercial housing sales contract to guarantee is beneficial to the full play of taking the commercial housing sales contract as guaranty. Sampling investigation on the basis of social progress and Reference judicial practice of processing rules.Recognizing the validity of this form of guarantee and regulating by law will effectively alleviate the contradiction between the growing financing demand of private capital and real estate enterprise and the legal...