Study On The Application Of Law Of "Business Guarantee"

With the development of economy and the rapid development of market economy in our country,the market competition is very fierce in all walks of life,especially in the real estate industry,the financing demand of real estate developers is more and more urgent.However,financing depends on guarantee,and it is inconvenient in the present way of guarantee.As a result,a new type of folk guarantee —— "buy-sell guarantee" came into being when the mortgage loan of bank is hard to realize.However,this new type of guarantee has brought many problems to judicial practice and academic research,and has brought challenges to its nature and effectiveness as well as how to deal with it in judicial adjudication.The first part of this paper defines the concept of "sale-type guarantee",at the same time,with the help of many academic theoretical research,determine the corresponding group of case study statistical items;The second part analyzes a large number of cases from macro and micro perspectives,and discusses the attitude of a large number of judges to the trial of the nature and effectiveness of the "sale-type guarantee" The third part analyzes the problems that perplex the judicial decision in the case statistics,such as the effectiveness of a variety of public behavior,how to correctly determine the nature of the corresponding "sale-type guarantee" case,the priority of real property compensation and the order of liquidation is unclear;The fourth part puts forward corresponding solutions to the problems raised,and makes clear the determination of the case of "sale guarantee" judged by the content of the special time contract,as well as the legal effects brought by various publicity measures,at the same time,it is concluded that "sale guarantee" has no priority to be repaid without corresponding public behavior.Finally,it criticizes and summarizes many theories through the judicial practice.