The Performance Of "The Contract Of Commodity House"with Termination Agreements

In recent years,with the economic development,people tend to pursue their own benefits to the maximum extent.As a result,many different kinds of complex and difficult contract disputes appear in life.In the case of“The Dispute of Zhu Moumou and A Real Estate Company on“The Contract of Commodity House" and“The Loan Agreement",the two parties have controversies on the relationship between "The Contract of Commodity House" and“The Loan Agreement" and whether"The Contract of Commodity House”should be performed.The details of this case are simple,yet the legal relation is complex.This case is about the performance of "The Contract of Commodity House" with termination agreements analyzed from the following aspects:the identification of the master contract and the accessory contract,the real intentions of the parties concerned,the purpose of making the contract and legal principles of liquid mortgage.The case seems to be the new purchase model of concluding the real estate purchasing contract so as to guarantee loan,which is frequent in judicial practices.In practical trial of this kind of cases,the judicial authority should stand on the concrete details of cases,respect the intentions of the parties and clarify the legal relation instead of identifying the case under the general thinking pattern of "purchasing in name,guaranteeing in reality”,in order to achieve fairness and justice.There are limitations in both our legal laws and instructions and judicial practices in dealing with such kind of cases like "paying debts with real estate",and it calls for further improvement.