Study On The Nature Of Guaranteed Sales Contract

With the economic development of our country,the parties have entered into a sales contract to guarantee the realization of the creditor's rights of the private lending contract,and to request the performance of the sales contract to guarantee the settlement of the borrowing rights.This article refers to this as a secured sales contract.In recent years,cases of collateralized sales and purchase contracts have emerged in trial practice However,due to the lack of legislation,many different judgments have been made in the same case,which has damaged the judicial authority.At the same time,due to the ambiguity of judicial interpretation,the facts of similar and similar cases are difficult to identify,leading to the collateralized sales contract becoming a hot topic in theory and trial practice.In order to meet the needs of judicial practice,this paper will analyze the nature and effectiveness of the collateralized sales contract.In the introduction,the paper summarizes the cases that appear in the trial practice,and summarizes two questions:First,how to judge whether a contract is a guarantee-type sale contract,and second,whether the guarantee effect of the guarantee-type sale contract can be realized.The full text revolves around two issues.Firstly,through the definition of meaning,whether a case is a collateralized sales contract case is determined;secondly,the nature of the contract is specifically analyzed,that is,it is determined as an appointment for the settlement of the agent;and then the effectiveness of the collateralized sale and purchase contract is analyzed through academic analysis.