Research On The Housing Debt Agreement

In practice,private lending activity,traditional way guaranteed cost huge,including both time and money,led to an emerging guarantee way,the house gradually becomes a new part of the debt agreement.However due to its spontaneous generation and the lack of law stipulates,so that the autonomy of the parties often face the risk of invalid,bonded with house in practice,Some of the performance of the form of a sales contract,whether there exists real trading behavior makes people genuine and difficult to distinguish.The widespread applicability of housing debt and the barbarous growth in the legal vacancy area have aroused extensive debate in academic circles and judicial practice.However,there are different understandings about the nature of the mortgage debt.In this paper,we intends to use the path of housing debt investigation to make a modest effort.This paper is divided into five parts,the key part is about the nature of the housing debt contract.In the first part,the paper introduces the background and expression form of the mortgage agreement,which is often expressed as the combination of the sales contract and the simple mortgage agreement.Then,the paper describes the scope of using housing to cover the "house" and focused on the possibility of using future houses and small property houses that did not obtain pre-sale permits as the object of the housing debts mortgage payment.Finally,this paper introduces the four classification in a housing debt agreement,including the conclusion of the VS before the expiration of the settlement period conclude vs.concluded after the expiry of the liquidation period,liquidation vs.guarantee type,public borrowing contract vs.hidden loan contract,after the advance notice registration vs.unregistered house to a debt agreement.The second part introduces the various viewpoints identified by the academic community regarding the nature of the housing debt repayment agreement,including alienation guarantee,the after-alienation guarantee,the mortgage right theory,the pre-contract for datio in solutum,the guarantee agreement theory,and the liquidity contract theory.Arguments are contested between various views.This article,based on the induction and analysis of above ideas,points out its advantages and disadvantages,which lays a foundation for the ensuing chapters' analysis for the nature of the housing debt contract.The third part summarizes the classic cases and judicial interpretation documents on housing debt repayment from 2011 to 2017.Observe the changes of the discussion Angle of the mortgageagreement in the judicial practice.The classic cases selected in this paper have changed the previous judicial practice,which will be regarded as the rigid recognition of the mortgage agreement,and attempting to reason the effectiveness from the perspective of the debt.The fourth part lists all kinds of arguments that may lead to the invalidation of the housing debt contract,including the false conspiracy expressions,the avoidance of the prohibition fluidity item guarantee,the statutory violation of the Numerus Clausus Principle to make a rebuttal one by one.The property of the mortgage agreement is to pay off an appointment with the agent,and it is very good to explain the various claims about the invalidation of the mortgage,and give it legal status.A lot of scholars have used materials to pay for their claims,but there are differences among them.This paper discriminates the difference between the conditional agent payment contract,the conditional agent payment contract appointment,and the agent payment contract appointment.Finally,it explains that the housing debt contract is an rationality way of payment.The fifth part,for the sake of a debt agreement on house better play a role of guarantee in practice,it should perfect the supporting system,including perfecting the system of advance notice registration,prolong survival time,expand the scope of application and other suggestions,reference to the false registration in Japan temporary registration guarantee,suggested imposing manner including ownership and disposition.