A Study On The Legal Issues Of The Agreement Of Housing Debt Repayment

In recent years,with the development and maturity of China's market economy,in order to realize the creditor's rights,the parties also want to reduce the tedious and high service costs of the typical security system under the principle of legal property rights,which gives birth to a new way of debt repayment-housing for debt.Paying debts by housing is not a theoretical term or a legal term,but a summary of scholars' analysis of the true meaning behind the parties in order to express their real purpose concisely.Because of its non-standard and lack of a unified standard of judgment,many different judgments of the same case appear,which has been questioned and criticized by the academic community.In this paper,to explore the real purpose behind the parties as a starting point,to analyze the nature of the housing for debt.This paper is divided into four parts: in the first part,the author introduces the problems existing in the current legal situation of housing for debt,including whether the agreement of housing sale is effective,whether housing for debt before the expiration of the debt performance period has the guarantee function and so on.The second part is the focus of this paper,which is also a hot topic of academic discussion,that is,to renew the debt by the nature of housing debt repayment.Only by clarifying the nature of housing debt repayment can we judge the effectiveness of housing debt repayment.In the third part,according to the time sequence of signing the agreement,the author analyzes the real purpose of paying debts with houses,and then determines the effect of paying debts with houses.In the fourth part,this paper discusses whether the executor has the right to exclude the compulsory execution,that is,the priority of compensation.According to the existing laws and regulations,the application executor does not conform to the provisions of article 312 of the interpretation ofCivil Procedure Law of the people's Republic of China,so he does not have the priority to be repaid.This paper will explore another way to discuss the housing debt repayment agreement by circumstances.When facing both parties,the housing sales agreement should have effect;when involving the third party,the creditor does not have the priority to be repaid and cannot claim the debt The agent performs the house sales contract.Through the study of housing for debt,I hope to provide some reference for the improvement of the civil law system of our country.