Research On The Nature Of Guarantee System Of Sale Contract

Since the birth of money,private lending has existed in the field of economic life.It plays an important role in alleviating financial pressure,promoting fund financing,and ensuring social production and life.In recent years,there have been endless cases in which private lending is guaranteed by sales contracts.Due to lack of legal regulation,the judgement of courts at all levels are often varied.Therefore,the Supreme People's Court issued the "Judicial Interpretation of Private Lending" with a view to improving the chaos of no rules.To this end,the Supreme People's Court issued the "Judicial Interpretation of Private Lending" with a view to improving the chaos of no rules.However,the provisions of Article 24 are too general and neglect the particularity and diversity of the contract,the judges still have a lot of confusion.Which means that this law fail to achieve the desired results.Scholars have different opinions on the provisions of Article 24 and have not reached a consensus conclusion.This article firstly observes from the perspective of debt,and finds that several viewpoints in academic circle have logical loopholes that are difficult to straighten out.Therefore,guarantee system of sale contract is not a simple debt.Secondly,this article ponders from the perspective of property rights,the parties to the contract have the purpose of creating a guarantee,and in essence set up a special guarantee based on the right to execute the sale contract.This special guarantee is not a typical guarantee,especially a clear distinction between future mortgages.Thirdly,this article investigates extraterritorial legislation and introduces the concept of concession guarantees.Which is found that,in essence,guarantee system of sale contract is a credit transferring guarantee.The right of it is the creditor's right,which is to request the delivery of the subject matter.There are many uncertainties in the transfer of ownership of the subject matter.It is not clear whether the lender can obtain the subject matter and further eliminate the main debt.So it cannot be simply assumed that the creditor's rights guarantee has a "liquidity" or "crash" and is invalid.At the same time,from the perspective of the principle of legal prescription of real right,the credit transferring guarantee does not create property rights other than those stipulated by law,which is in line with the statutory principle of property rights.After clarifying the nature of the law,combined with the existing legislation,Article 24 of the Judicial Interpretation of Private Lending is the provision for credit transferring guarantee.When trying such cases,the first thing should be to clarify the true nature of the contract,to explore the true intentions of the parties,and to combine the existing evidence to determine whether the guarantee is hidden under the sales contract.Only when the it is determined to be a guaranteecan the trial be conducted in accordance with the provisions of Article 24 on the legal relationship of private lending.