Research On The Trading Guarantee

With the development of our country's economy,a kind of financing method that uses commercial housing sales contract as a guarantee has emerged in real estate transactions.This article identifies it as a “sales-type guarantee”.Cases related to transaction-type guarantees are not only difficult to ascertain the facts,but also do not have a definite legal regulation to regulate this.Therefore,transaction-type guarantees have gradually become the research problems that must be faced in current judicial practice.In order to regulate the market order and regulate the economic development,this article will analyze the trading-type guarantees.This article consists of three parts: the introduction,the main text,and the conclusion.The main body is divided into four parts.Its contents are as follows:The first part gives a basic overview of the type of transaction-type guarantee.First,the concept and characteristics of the sale-type guarantee are analyzed.According to this point of view,the buy-and-sell guarantee means that the borrower and the lender have signed a house sale contract in addition to the loan contract,stipulating that if the borrower fails to pay off the debt on time,it will perform the contract according to the agreement,and compensate the debt by the value of the house.A kind of security model.In addition,this article analyzes the status of the buying and selling guarantees through the Weike database,and analyzes the reasons for the sale and purchase guarantees from three aspects.Finally,this section compares the sale and purchase guarantee with the current guarantee system and analyzes the advantages and disadvantages of the sale and purchase guarantee.The second part of this article focuses on the nature of the sale and purchase guarantee.According to the current mainstream theory,for the nature of the sale-and-sale guarantee,there are claims theory,liquidity clauses,transfer guarantees,and post-grant guarantees.This article makes appropriate analysis and comparison of these several doctrines.In this paper,we compare the theories of buy-and-sell guarantees and analyze the advantages and disadvantages of each theory.After analyzing and comparing a lot of doctrines,this article puts forward the view that trade-andsale guarantees should be recognized as atypical security real rights,and that it needs to consider the easing of the statutory principle of real rights.In the third part,the paper analyzes the validity of the transaction-type guarantee in detail by combining the existing laws and regulations with a number of typical cases.The article first analyzes the constituent elements of the buy-and-sell guarantee and proposes ideas on how to determine that the case is a buy-and-sell guarantee.Afterwards,this article analyzes the rights and obligations of buying and selling guarantees,and discusses them in detail from the perspectives of creditors,guarantors,debtors,third parties,and other parties.Finally,this article studies the way in which the buy-and-sell guarantees are realized.One is how to realize after the debt is paid off,and the other is how to realize when the debt is outstanding.The theme in the fourth section is to perfect the proposal of trading-type guarantee.After analyzing the current legislative,judicial,and practical difficulties faced by the guarantee bank,the author gives suggestions for perfecting transaction-type guarantee at two levels.The first level is the improvement of the existing system,such as the regulation of the form of transaction-type guarantees and the improvement of relevant regulations;on the second level,it proposes the establishment of an atypical guarantee system represented by transaction-type guarantees.Suggestions.It is believed that under the framework of a reasonable atypical security system,trading-type guarantees and other atypical guarantee systems will exert their maximum value in the wave of socialist market economy development.