Research On Legal Issues Of Secured Sales Contracts

In the current judicial practice,it is not uncommon for the parties to provide a guarantee for a loan contract by signing a sales contract.Specifically speaking,when the parties sign a loan contract,they agree that if the borrower can not return the loan on time,it needs to continue to fulfill the sales contract.To define the nature of such contracts and to determine the rights and obligations between the parties is the key to solving such problems.Analyzing the legal issues related to the secured sales contract and combing the legal relationship between the parties under the secured sales contract is an effective way that this emerging guarantee way broadens financing for enterprises.By considering the nature of the secured sales contract,it is found that its setting is a kind of atypical security right.This kind of atypical security right appears in China's existing specific economic environment and legal background.When the atypical guarantee does not violate the principle of legality of right in rem in the scope of mitigation of property rights,the parties do not constitute a conspiracy.Therefore,it should be sure that the atypical security right exerts guarantee effect between parties.This paper will analyze the issue of sales contract from the following four parts:Part One raises questions.By comparing the different trial paths of "Zhu Junfang and Shanxi Jiahe Tai Real Estate Company's Commercial Housing Sales Contract Dispute" and "Yu Boliang&Li Yinfeng and Jiashan Real Estate Company's Commercial Housing Sales Contract Dispute",it is found that there are differences in judicial practice.At the same time,Article 24 of Interpretation of Private Lending Law provides clear provisions for a secured sales contract,but it can not eliminate the dispute.It is clear that:a private lending contract by signing a sales contract should be tried in accordance with the legal relationship between private borrowing.It does not specify the rules of the referee for the transfer of ownership of the subject matter.However,in the "secured sales contract",the handling of the sales contract is more complex.Part Two is the study of the nature of secured sales contract.There are a lot of disputes about the nature of secured sales contract,mainly including that the secured sales contract is a pignorative contract and is a typical contract.This part compares the secured sales contract with other similar contracts,analyzes the similarities and differences,and finds that the secured sales contract is an atypical contract of ownership.Part Three is the analysis of the validity of secured sales contract.The validity of a secured sales contract is said to be valid and invalid.The above dispute is mainly about how to define the nature of fluidity clause of the contract and whether the secured sales contract is invalid due to the fluidity,and whether the secured sales contract,as an atypical contract of ownership,is invalid due to the violation of the law of property.Part Four differentiates and analyzes legal issues involved in the secured sales contract.It mainly analyzes secured party,security right setting party and rights and obligations of the third party.Then it tries to put forward such a reasonable way to deal with such contracts.