The Trial Practice And Conception Of Dealing With The Contract Of Guarantee Loan By The Contract Of The Commercial Housing

As the guarantee of the loan contract,the contract of commercial housing is a kind of non-typical guarantee which has been circulating in private lending for a long time.However,due to the prosperity of the economic situation in the early period,there is no regional large-scale overdue behavior in private lending,which has not attracted the attention of the theorists and practitioners.With the national economy and the periodic fluctuations of the world economy,private lending sector also generates a wave,a large amount of overdue loans which also have led to the proliferation.How to litigation to the standards of judgment creditor's rights problem,become the theoretical and practical circles became the focus of debate.The so-called act of providing security for creditor's rights under a contract for the sale of commercial housing mainly refers to the fact that while the debtor is financing the creditor,and then the two parties separately conclude a contract for the purchase and sale of the house with the debtor as the seller and the lender as the buyer,and the agreement is made,that if maturing cannot pay off debt,the debtor namely fulfill commodity house sale contract,deliver house,and compensate loan.Although the Supreme Court in 2015 in the implementation of the judicial interpretation of its certain provisions,but there are still loopholes,it is necessary to improve it.Especially for the contract of the commercial housing guarantee loan,compared with the general sales guarantee,there is a special nature,the priority of compensation right should be different from the general transaction guarantee.The first part of this paperintroduces the background and time development of the act of guaranteeing for creditor's rights by commercial housing sale contract.The second part is for the Supreme Court issued before and after the introduction of judicial interpretation,and the trial practice of the specific cases,and this part expounds the Supreme Court of commercial housing sales contract for the creditor's rights to provide different trial ideas,as well as the logic of the judgment elaborated.In the third part of this paper,the author analyzes the judicial interpretation of the Supreme Court and analyzes the nature of the commercial housing contract as the guarantee for the creditor's rights.In the second part,the reasons of different judgments in the same case are based on the analysis of the nature of the behavior,and meanwhile,the difference between the typical guarantee and the contract of sale of commercial housing as the guarantee of creditor's rights is further summarized.The application in the existing legal environment of our country has its unique characteristics as an atypical guarantee.The fourth part of this article is to the commercial housing sale contract for the creditor's rights to provide the treatment scheme concept based on the existing judicial interpretation of the situation of trial,as well as the further legalization of this guarantee to follow the principles is required.