Legal Analysis Of Contract On Paying Debts By House Purchase Agreement In Folk Loan

In private lending,the borrower,in order to avoid the highest quota and other legal risks in the interest litigation of private lending,ensures that its own interests are not lost,and a house sale contract is usually signed at the same time of concluding a private loan contract,as a "guarantee" for private lending,and under the circumstances of the borrower's inability to repay its debts.The lender requests the ownership of the house according to the sales contract.Such cases are not only theoretically controversial about the validity and nature of the contract,but also easily lead to disputes in judicial decisions.Different judgments of judges result in different results in similar cases,which objectively leads to a larger confusion in the outcome of judgments.After the introduction of the provisions of the Supreme People's Court on the application of legal issues to private lending cases,although to some extent alleviated the problem of disunity of the referee's results,it did not clearly point out the nature and effectiveness of the housing sale contract which appeared in the private lending.It is an ineffective phenomenon of "one size fits all".Therefore,the first part of this paper,through the analysis of the two typical cases-"Zhu Junfang case" and "Guangxi Jiamei real estate case",the outcome of the referee and the interpretation of the path,and randomly selected the Supreme People's court and the local people's court at all levels of 10 cases,the results and the referee points of the data analysis,comparison and analysis to get the debt agreement.The second part,through the focus problem and the case,discusses the academic theoretical views on the nature and effectiveness of the housing debt agreement,which is divided into the security of property rights,the guarantee of the nature of the creditor's rights and the flow quality,in which the security of property rights and the bond nature of the security are subdivided into subdivision;third Part of the core part of this article,from the operability and practicality,gives the advice to improve the legal issues of housing debt,and has strong pertinence.The fourth part summarizes the full text and summarizes the text from the macro point of view by respecting the party autonomy,the contract signing skills,improving the right way of the multiparty parties and the correct morality of the market subject.There are still problems and shortcomings.