Analysis On The Validity Of The Guaranteed House Sale Contract

With the development of social economy,the economic form of "Acquaintance Society" has been broken through gradually,and the transaction volume between strangers has been increasing.Therefore,in many non-governmental lending relationships,in order to ensure that their own interests are not harmed,or in order to avoid restrictions on the maximum amount of interest on non-governmental lending and other legal risks,gradually in judicial practice to explore a lot of new ways of security,including the sale contract is created in recent years a new way of security.In a guaranteed house sale contract,the two parties usually sign a "house sale contract" in addition to the "folk loan contract" signed by the two parties,and at the same time or after that,the two parties sign another "house sale contract",which is used as a guarantee for folk loans,and where the debtor is unable to repay the debt,the creditor has the right to request it to perform the house sale contract and acquire the ownership of the house in question,this mixed form of dispute we call "guarantee type house sale contract".Therefore this article mainly aims at this kind of guarantee way,discusses the legal nature and the legal effect question of the guaranteed house sale contract,and finally puts forward some personal suggestions through the summary for the court hearing this kind of case,it is hoped that this paper can provide some reference for solving the confusion of the judgment of the guaranteed house sale contract as soon as possible.This article first from a case,the author through the introduction of the Supreme People's Court if the "Zhu Junfang case","Yang Weipeng case"," Tang Long case" three typical cases,extracting the Supreme Court for three cases of different attitude to the case of dispute,this article mainly discuss the derivation,guarantee the validity of the model building business contract.Secondly,by analyzing whether the house sale contract signed between the two parties belongs to the real right guarantee or the creditor's right guarantee,or is it the debt problem of the contract without the guarantee meaning at all,it can be concluded that the legal nature of the guaranteed house sale contract is a kind of creditor's right guarantee.In addition,by analyzing the existing academic theories and weighing their advantages and disadvantages,it is concluded that "datio in solutum reservation theory" is the best way to explain the guaranteed house sales contract.But at the same time,because the guaranteed house sales contract is the legal relationship of the house sales contract,but the guarantee contract that embodies the guarantee function is formed internally,so it is considered as the "false expression of collusion" by many people.Some scholars also believe that it should be regarded as a liquid contract because it realizes the guarantee function by "performing the sales contract and transferring the ownership".In this paper,through the interpretation of the parties' expression of will,the author refutes the theory of liquid contract and the theory of conspiratorial hypocritical expression of will,analyzes the legal effect of the guaranteed house sales contract,and determines the legal effect of the contract.Through the analysis of its guarantee function,get its concrete effect content.Finally,the author puts forward some personal Suggestions on how to correctly deal with the problem of guaranteed house sale contract.