Analysis Of The Practice Of Secured House Sales Contracts

Blowout in the number of private lending in China in recent years,the parties to borrow the means of more diversified,among them,both on the basis of borrowing or sign a sales contract or the folk loan contract and sign the sales contract as a typical way of borrowing.This kind of case has a great difficulty in the determination of facts,and there is a great dispute in the application of law.The supreme people's court ”Yang Weipeng and good commercial housing sales contract dispute” and ”jun-fang zhu and shanxi jia and the real estate development co.LTD.Commercial housing sale contract dispute” has made a radically different two sentences,also shows the civil legal relationship implied by such controversy,the supreme people's court on some issues of applicable law in private lending cases provisions in article24 of the” the parties to sign the sales contract as the folk loan contract guarantee”and the class building business contract as a guarantee,and specify if a borrower cannot repay the loan,the lender requires to perform the sales contract,the court shall,in accordance with the loan disputes,but in practice this kind of situation is not only a kind of dispute,the provisions in the regulations only according to the folk lending disputes,over how to deal with the sales contract,whether should trial,both sides have successively trial order did not make that clear,this article will discuss on this kind of case in various situations that exist in the judicial practice,and combining with the judicial practice of treatment method to the analysis of the difficulty,the case comparing with similar systems in will make a qualitative,coupled with time,the people's court for trial shall be for the case of business contract legal relationship and whether it should decide how to trial,if the trial shall be conducted,and gives the creditor,the debtor what rights issues such as to make the analysis and comparison.And the people' s court will borrow how to realize the balance of interests between the two,how to coordinate loans,buying and selling,guarantees,the relations between and among creditors how to achieve the function of the sale and purchase contract guarantee and how the creditor when the debtor is unable to pay the debt discusses the realization of creditor's,in order to help the judicial affairs work.