Research On The Validity Of Sale And Purchase Guarantee Contract

In recent years,with the rapid development of economy and society,civil economic activities have become increasingly active,and some new forms of financing,borrowing and guarantee have emerged in the society.Buying and selling guarantees is one of them.Business type guarantee refers to the way the parties to sign the sales contract,as the two sides relationship lending guarantees,business contract also mostly with commercial housing as a contract the subject matter,when one party fails to perform due debts,the other party insist on each other to perform the previous sales contract in order to realize creditor's rights.The legal relationship between the sale and purchase guarantee is a new form of legal relationship in the recent years in the legal relationship between private financing,borrowing and housing,equity transfer and so on.The large number of sale guarantee in social and economic activities indicates that the existing guarantee system in China must have some defects,and it also meets the realistic needs of social and economic life.However,in the face of such a large number of new forms of guarantee,the theory and practice have a great dispute on the nature and effectiveness of the issue,and there is no unified referee rule in practice.To guarantee the content of the legal relationship and sort out your business type,promote the research of this kind of problem in theory,to provide some reference for the judicial referee,in this paper,by way of case analysis,the nature of business model guarantees and effectiveness problems were discussed.It is believed that the sale type guarantee is a kind of guarantee of creditor's rights,which is essentially an appointment to pay off.The guarantee of buying and selling satisfies the realistic need of economic and social development,and has certain existence value and necessity.It is not advisable to deny the validity of the transaction guarantee,and it still has the space of validity on the basis of exploring the true meaning of the parties.A proper liquidation procedure for the realization of the purchase and sale guarantee can avoid the injustice caused by the flow quality and achieve a fair treatment result that can balance the interests of both parties.