Researching On The Effectiveness Of Secured Housing Sale Contract

In recent years,by the economic development situation and the impact of national financial control means,the private lending market is increasingly prosperous.Among them,the emergence of such a new way of private financing:the parties have been effectively established in addition to the loan contract,signed a contract for the sale of housing in the form of a loan contract for the guarantee,and agreed,if not due to repayment,Sale contract to house the debt.The author for the convenience of discussion,such as security for the purpose of signing the sale and purchase of the contract known as the "secured housing sales contract."How to determine the effectiveness of such contracts is a problem that plagues judicial practice.Therefore,the author intends to pass the provisions of the Article 24 of the Provisions on the Law of the Supreme People's Court on Several Issues Concerning the Application of Law in Civil Loan Cases,and then to explore the contract for the sale and purchase of secured houses.Effectiveness.This paper is divided into the following sections:The first part is about the proposed issue of this paper.The author chooses two typical cases of the contract dispute between the Supreme People's Court and the conclusion of the basic case and its referee.Through comparing and analyzing the basic facts and referee results of the two cases,the author concludes that such cases exist Of the main controversy,that is,the validity of the sale of secured housing contracts controversy.And the reasons for the different results of the validity of the guarantee,mainly due to the nature of the sale of secured housing contract is different.The second part is the exploration of the nature of the secured sale contract.First of all,the main points of the existing theoretical theory to sort out;Secondly,combined with the relevant civil law theory and the characteristics of the sale of secured housing contracts,from the perspective of the interpretation of the relevant theory of analysis.Finally,the nature of the contract for the sale of the secured house is obtained,and the reservation is made for the settlement of the goods.Since the relevant property is not registered,the guarantee property of the guarantee contract is only creditor's guarantee.The fourth part is from the interpretation of the law[2015]No.18 under Article 24 of the regulation of the effectiveness of the secured housing sale contracts.With the increasing in the number of collateral agreements,and the drawbacks of the judiciary's awareness of the total denial of its effectiveness,The Supreme People's Court issued the interpretation of the law[2015]No.18,the effectiveness of such contracts were regulated.After analyzing the substance of this article,the author believes that this kind of regulation is reasonable in respect of the autonomy of the parties or the interests of the parties.