Analysis Of Legal Nature Of The Case Of Shenteng Company Sued Li Mou And Jia Mou Loan Dispute

This thesis bases on "the case of Shenteng company sued Li Mou and Jia Mou loan dispute " as the starting point,by legal analyzing to explore the specific legal nature of the guaranteed housing sales contracts.This paper includes four chapters,the first chapter is that briefly introduces the development of the case and the trial process.On the basis of the first chapter,the second chapter sums up two contentious issues.They are the guaranteed housing sales contracts' legal nature,the relationship of between its legal nature and the principle of Numerus Clausus.In the third chapter,by citing different cases and combining with the twenty-fourth article of the "Several issues concerning about the Supreme People's Court on how to trial the case of private lending and correct apply law to fact"("stipulation")to demonstrate that explore the guaranteed housing sales contracts' legal nature is necessity and urgency.After analyzing the significance of writing this article,to in-depth analysis the guaranteed housing sales contracts setting security is material guarantee or debt security.By analyzing to point out the guaranteed housing sales contracts setting security should be one kind of material guarantees.Then,it does not belong to the legal real right of pledge when compare to mortgage,pledge,lien,it belongs a kind of non-typical guarantees.Thus,above foundation,try to study which one non-typical guarantee it belongs to.On the basis of comparing various theories and the successful experience of Germany,Japan,and other countries,put forward to pointing out my own view--should qualify it as the subsequent transferring guarantee,and try to redefine it.The fourth chapter,after confirming myself view,to analyze the qualitative of the subsequent transferring guarantee whether violate the legal principle of property right or not,through a series of analysis and demonstration,reach a decision is that quasi-Numerus Clausus,and make further efforts to prove that the subsequenttransferring guarantee is operable and practical in practice.Finally,find a legal basis for it.The last chapter,summarize the full article and reiterate my standpoint of the security housing sales contract belongs to the non-typical real right guarantee and it abides by the principle of Numerus Clausus.