The Legal Nature And Adjustment Paths Of Guaranteed Sales Contract

Guaranteed sales contracts are also referred to as a transaction-type housing debt dispute In practice.The study of the legal nature and adjustment of guarantee-type sales contracts is to study how to evaluate and adjust guarantee-type sales contracts from a legal point of view.This kind of contract has got much concern.The specific structure is that the two parties signed a contract for selling houses when signing a loan.Besides,the amount of the loan and housing price are basically the same.The parties reach a agreement that if the loan contract expires,the debtor repay the debt by fulfilling contract of selling houses.And both parties will not bear any obligation.How to understand the legal relationship between the two parties,theorists and practitioners have arguments.Their views are different.Sometimes the conclusion is opposite.The reason why Guaranteed sales contract can cause extensive discussion is due to its own complexity and variety making it difficult to draw a relatively unified conclusion.The main controversy is people have different views on the legal nature and legal effect of the Guaranteed sales contract.For Practice,the issue in Guaranteed sales contract is similar to housing mortgage debt,so some courts think it directly violate the "Property Law" Article 186 and the verdict is invalid,some courts think this is the autonomy of the parties,as long as there is no violation of the purpose of the provisions.And if the parties think it is obviously unfair,they can exercise the right of withdrawal to protect themselves,some courts think its effectiveness is whether the parties have agreed on the "buyback".If they agree on "buyback",creditors would not take advantage of their own dominance which may trap the debtor in dangerous circumstances,it should be valid and the parties should fulfill their contracts ······ due to Judicial seriousness,the views of practitioners are less than that of academics.But it is clear the points are different.In academia,Scholars try to analyze the legal nature of Guaranteed sales contract by various theoretical approaches.Their views can be divided into two areas: the field of property law and debt law.In the realm of property law,views are guarantee and assignment,post-assignment and guarantee,violation of the prohibition on flow bail.of course,some scholars also start from the traditional theory and claim that their essence is the mortgage of a house and can be obtained within the existing legal framework;debt law’s views are representatives of the fluidity of repayments,conditional legal acts.Besides,there are some standpoints about change of debt and new debt repayment.At the microcosmic level,through discussing and commenting on several existing academic representative points and combining the relevant knowledge and theory of comparative law,the author thinks Guaranteed sales agreement on debt-to-mortgages is legally recognized as a cessation clause It is preferable to make a settlement of the surrogate goods,and from the comparative law point of view,the contract guarantee system can be found in the Japanese law Japan’s temporary guarantee registration system has the advantages that the traditional mortgage does not have,people can achieve the security of private mortgage,can save costs,the procedure is simple.In addition,giving the debtor the option to determine whether transfer the ownership of house or fluidity.It makes a good balance between the interests of both parties,has a strong utility.For the promotion of financing,it is of great help to solve the financing due to stop the payment of the agency Appointment,and can remedy the prescription to adjust,it is worth learning.From the macroscopic point of view,Guaranteed sales contracts have justbrought new thinking to the future development of our country’s real law system,which reflects that the guarantee system of our country still needs to be further perfected.The existing system design is still not enough to satisfy needs for capital markets and credit practices.Therefore,first author suggests that measures should be taken to gradually liberalizing the Prohibition in our country in the future.Considering the convenience,efficiency and economy and the perspective of party autonomy or private exercise of mortgage,of course,exceed the value of mortgaged property and claims The amount of the difference exceeds a certain limit.The law should be promptly involved,to maintain fairness between the parties.Second,after the practice of accumulation and continuous improvement of the theory,when appropriate,Guaranteed sales contract can learn from Japan to adopt a separate formulation of temporary security registration legislation to adjust such disputes,so the law can provides the corresponding rules to adjust the relationship of the two sides.