A Study Of Legal Effect Of The Housing Debt Settlement A Agreement In Private Lending

In order to make up for some deficiencies in the formal financial market and increase the vitality of economic development,a large number of housing mortgage debt disputes have emerged in recent years in private loan disputes.A large number of different judgments in the same case.In order to solve such problems,this article combs the cases and theories,and seeks a more scientific explanation and a more reasonable remedy.This article is divided into five parts:The first part is an introduction,expounding the research background,research significance,research content and research methods of this article.In addition,a literature review of the current status of research within and outside the domain was made.The second part analyzes and explores the current legislative and judicial status of issues related to mortgage debt.First of all,it summarizes the deficiencies in the legislation on the issue of mortgage debt by combing the legal provisions,departmental regulations and internal documents of the court that involve the issue of mortgage debt.Second,based on judicial practice,introduce cases,find the controversial focus of such cases through in-depth analysis,and determine the crux of difficult problems in judicial practice.This is also the core content of the full-text research.Whether it is to sort out the past literature inside and outside the domain,or to analyze the current legislative situation,in the final analysis,it is necessary to resolve the focus of problems in practice and find effective solutions.The third part continues the logical thinking of the second chapter.After analyzing the problems existing in legislation and judicial practice,the theoretical foundation is consolidated,the relevant theories of the legal nature of the mortgage agreement are sorted out,and the mortgage of the house is determined in different periods.The legal nature of the contract,to analyze the basic theory,to define the connotation and extension of such agreements.The fourth part explores the legal effect of the house-debt contract.The difference in the nature of the debt-for-debt agreements signed at different times has led to differences in the determination of their legal effects.Therefore,it is not possible to generalize the research based on the circumstances of the case and make a "one size fits all" mistake.This chapter not only defines the effectiveness of the mortgage agreement under different circumstances,but also gives the corresponding relief methods for different parties under the current judicial conditions.The fifth part is the last chapter of this article.Under the current legislative situation in our country,in order to improve the issues related to the determination of the effectiveness of the mortgage agreement,several suggestions are put forward,hoping to solve these problems and get rid of the difficulties and open up new ideas.