Research On The Legal Issues Of Housing Sales Contract In Private Lending

Due to the surge of financing demand and the relatively strict restrictions on legal guarantee,guarantees loans by signing house purchase and sale contracts gradually prevailed.However,the nature of the house purchase and sale contract in folk lending is not clear.The viewpoints of the theory of alienation and guarantee,the theory of postalienation and guarantee,and the theory of mortgage collide with each other.There are also chaotic situations in the trial.From the perspective of the principle of autonomy in contract law,the contract of house purchase and sale is signed by the parties to provide guarantee for private lending.On the other hand,disposal of immovable property in a consensual way cannot meet the public condition of transfer of real right,which is contrary to the principle of real right.In this paper,combined with the background of the folk lending to the sale and purchase contract as the research object,explore the folk loan relationships in the sale and purchase contract,the legal nature of two typical cases to find focus case,for the sale and purchase contract,the effectiveness of the sale and purchase contract,and belongs to the nature of real right guarantee or creditor’s rights guarantee about the problem of analysis and research the general the priority between creditor’s rights and legal guarantee,order,trying to clarify the folk lending in the sale and purchase contract between the parties,the relationship between specific creditor,the debtor,the third person,the rights and obligations of the other country studies,This paper looks into the regulation of the house purchase and sale contract signed in the folk loan,finds the way to find the parallel space between the guarantee and the current law,and puts forward some reasonable Suggestions to bring the guaranteed house purchase and sale into the legal standard system.