Research On Legal Issues Related To The Guarantee Of Sales Type

Guarantee behavior of development in China can be traced back to the ancient qin and han dynasties,northern and southern dynasties into the embryonic stage of development,tang dynasty formed a relatively perfect legal system guarantee,until security law gradually mature.For a long time,the general guarantee behavior in our country plays an important role in the financial markets,in the practice in recent years a new business model,its main representative form is divided into two kinds,one is lending again after the two sides signed a contract for loan of money in a commercial housing sale contract as collateral loan;Another expression is false purchase contract between buyer and seller,and the introduction of a third party acting as an intermediary and the two sides signed a contract to form a closed circle of trading capital financing guarantee.For sale guarantee qualitative,academia has a lot of different opinions,such as after said,generation of repayment guarantee booking said,etc.In the supreme people's court on some issues of applicable law in private lending cases regulations issued before the court in actual referee for buying and selling,the qualitative model guarantees is endless also and same,a different connection with the given situation.After the law,in court for such cases have a definite cause of action.But in practice,the regulation is not the actual approved the effectiveness of the contract of buying and selling,and therefore not actually acknowledged the effectiveness of the \ "guarantee\".The author thinks that,this is a temporary,the compromise,not the actual business model guarantees the qualitative problem.And business model guarantees of commercial housing sales contract of commodity house price will be lower than the market price,the contents of the contract are not general contract specification,the sale of commodity houses have the rights and obligations stipulated the existence of the unequal phenomenon.Therefore,this article will start from the study of the theory of the business model guarantees,comparative analysis of scholars of selling different academic views and guarantee guarantee and guarantee the concept of boundary points.And through the analysis of related cases research,found the type of buying and selling guarantee deficient factors of theoretical research and practical application,summed up the business type of guarantee in the existing problems in the development of our country.Period after in the thesis,the author mainly studies the business type of guarantee in the civil law countries of Germany,Japan and our country Taiwan area development,analysis of Japanese law selling cross the guarantee and our country Taiwan area and guarantee business model guarantees the differences and relations,in order to further analysis of business model on the necessity of the guarantee in our country,effective and applicable law.And will be buying and selling type of guarantee the reality of the problem and the judicial practice,judicial practice should follow the general principles and rules.Essentially,business assurance of commodity house business contract is to guarantee loan with the borrower's room,not the guarantee of the contract documents or creditor's rights guarantee,the guarantee should be content(room),so should apply the general principles of law,and according to the property security laws and regulations shall apply.In practice,our country should be to buy and sell type guarantee for scientific qualitative,through the continuous improvement of the relevant laws and regulations,thus it is fair to safeguard the legitimate rights and interests of the parties to the contract.