Analysis Of The Meaning Expressions Of Guaranteed Sales Contracts

In judicial practice,there exists a new type of loan guarantee,which guarantees private loans in the form of commercial housing sales contracts.Academia and practice call this form a guaranteed sale contract,but its existence has been controversial.Article 24 of the Judicial Interpretation of Civil Lending originally intended to break the deadlock and unify judicial decisions.However,it avoids the focus of controversy,which makes the academic circles hold different opinions on the guaranteed sale contract.This paper takes "Zhu Junfang case" and "Yang Weipeng case" as examples to clarify the focus of controversy.From the point of view of rational parties,this paper discriminates the "expression of intention" of guaranteed sales contracts.Guaranteed sale contract has its particularity,which has the attributes of sale,loan,guarantee and so on.In this paper,the meaning expression of guaranteed sale contract is taken as a research angle,and the meaning expression of guaranteed sale is analyzed one by one from the perspectives of "buying and selling","guaranteeing" and "liquidating".Through comparative analysis,the preemptive contract for the settlement of the substitute eases the contradiction between the guaranteed sale contract and the traditional material nature of the settlement of the substitute.To interpret the guaranteed contract of sale by means of the prepayment agreement of the proxy liquidation means that theparties' agreement of the proxy liquidation will bind each other,and the debtor will have to perform the contract of sale of commercial housing.It not only respects the autonomy of the parties,but also distributes the legal risks between the parties reasonably.The liquidity ban mainly considers that in most cases the debtor is in a disadvantaged position in the transaction due to economic distress,and has to give up the ownership of the subject matter.In the way of interpreting the agreement of liquidation on behalf of property,the guaranteed sale contract is not bound by the liquidity ban.The debtor has a period of time to assess before the debt matures.At this time,the situation of the debtor is obviously better than we think.He has not been caught in an unfair payment and is exploited by windfall profits.Creditors and debtors sign commercial housing sales contracts,through the fluctuation of housing prices,to achieve the role of debt security,and always guarantee the smooth liquidation of creditors' rights.The meaning of a guaranteed contract of sale is not the agreement of sale or guarantee,but the agreement of liquidation on behalf of property.It is most appropriate to interpret the meaning expression of the guaranteed sale contract with the prepayment agreement of the substitute,and it is also most suitable for the inner choice of both parties.