Identified The Efficacy Of The Contract In The Name Of Transaction But Loan Guarantees

In recent years,with the rapid economic development,in order to conclude the sale and purchase contract is a form of expression,and involves the loan guarantees,the two sides on the property that more and more disputes and disputes to court.Judicial decisions that basically has two kinds: one is an effective,determine business contract between the parties and no loan guarantees relationships: second,determine the business contract is invalid,the parties in order to avoid liquid contract is actually relationship loan guarantees.In this paper,the case of Yang mou with a real estate company to sign the loan agreement and then sign the‘ commercial housing sales contract'and agreed not to duly repay debt then transfers the ownership of the property.In this paper,by combining the highest method trial "jun-fang zhu" and formed two kinds of contracts and make all the valid precedent to subsequent trial folk lending problems regulations issued by convicting "Yang Wei-peng case" and "Hong Xiu-feng case" related processing,to discuss how to determine the legal relationships between the parties.This article,mainly from the real intention to determine the nature of the contract,and to explore whether the contract illegal law banning mandatory provisions of the flow and thus concluded that the contract is valid.In comparing different court's handling of similar cases,this kind of phenomenon of damage to the market and law are summarized and the formation of factors,at the same time,this article on the analysis of the "trial folk lending problems sets" the shortage at the same time puts forward some Suggestions and views.