Research On The Legal Application Of The Guaranteed House Sale Contract

Behind the rapid development of the economy is the expansion of the demand for funds,and large claims and debts have begun to emerge.With the continuous change of economic needs,China's private financing transaction models have begun to diversify under the principle of autonomy.People began to try to guarantee their claims by signing a house sale contract or use the contract to terminate the previous lending contract relationship.This emerging guarantee method is sought after by many investors.However,due to the vague provisions of laws and regulations on this new type of guarantee method,coupled with the complex and diverse legal relationships in such cases,the court appeared in the trial of such cases with different judgment results in the same case.There have been different degrees of debate in the theoretical community about this new type of guarantee.This paper analyzes the characteristics of typical cases of secured housing sales contracts and finds that the contradictory focus of such cases is that the definitions of the nature and effectiveness of secured housing sales contracts are ambiguous.There is no uniform concept and applicable standard for determining nature and validity.Therefore,this paper starts with cases and divides the structure of the article into four parts:refining the characteristics of the case,identifying the nature of the secured housing sale contract in different characteristics cases,determining the effectiveness of different types of contract,and the type of legal application of such cases.The first part of the paper is the feature extraction and analysis of a typical case of a secured house sale contract.This part starts from the case,leading to the focus of controversy in such cases in judicial practice.The second part of the paper is an analysis of the legal nature of such contracts.This paper enumerates various theories on the different nature of such contracts and combines the case characteristics of the first part to comprehensively analyze the legal nature of such contracts.The third part of the paper determines the validity of this type of contract.There are two viewpoints in the theory circle:contract invalidity and contract validity.By combining these two perspectives with the contracts of different natures analyzed earlier,the effectiveness of different natures of contracts is determined.The fourth part of the paper starts from the nature of the contract,types the cases involved in such contracts,combines the trial ideas in practice,and connects with judicial practice to try to propose a more suitable application model after the type of such cases.