An Analysis On Financial Loan Contract Dispute Between Plaintiff Bank A And Defendants Mr.Qiao,etc.

The priority claim is an important legal system in civil law,and it is of great theoretical and practical significance to clarify the realization order of creditors'rights and the scope of priority claim thus to protect the rights and interests of commercial banks and other creditors of financial loan contracts.In the case of financial loan contract dispute between Plaintiff Bank A and Defendants Mr.Qiao,etc.,the focus is on the legal status of Mr.Zhang and Mrs.Gui who make the commitment of joint loan repayment,the realization order of creditors' rights when property guarantee provided by the debtor and personal guarantee coexist,and how to determine the scope of priority claim.Firstly,the legal status of Mr.Zhang and Mrs.Gui who make the commitment of joint loan repayment.The commitment is made in written form,and it is a letter of commitment accepted by the creditor Bank A and issued by Mr.Zhang and Mrs.Gui unilaterally earlier than when Mr.Qiao is in debt.Thus,Mr.Zhang and Mrs.Gui do not get into the debt,but serve as guarantors.Secondly,the realization order of creditors' rights when property guarantee provided by the debtor and personal guarantee coexist.In such case,property guarantee and personal guarantee shall be regarded as equal and in the same order of loan repayment.Creditor Bank A has the right to deal with the debtor Mr.Qiao's collateral or the guarantor's mortgaged property under the contract.Lastly,how to determine the scope of priority claim of the creditor.When Mr.Qiao does not pay off the debt and thus breaks the contract,Bank A has the right to get priority of compensation on the Mr.Qiao's collateral and Mr.Zhang and Mrs.Gui's mortgaged property within the scopes specified in their Certificates of Other Rights respectively.It can be seen that the expenses in the mortgage including the main claims and interests,liquidated damages and other fees for the realization of claims that are not clearly specified and registered do not produce the effect of priority of compensation,which exposes the problems that the rights and interests of the parties in the mortgage contract cannot be protected in the existing real estate registration,and creditors are still confronted with the risk that their financial claims cannot be fully secured.