Research On The Sales Contract Guarantee Of Private Lending In China

In recent years,the continuous development of the economy has led to the expansion of private lending.A new form of guarantee gradually appeared in the loan transaction.The parties signed two agreements,one "loan contract" and the other "house purchase contract".If agree according to pay off debt,do not need to undertake fulfilling to building buying and selling contract,be uneasy according to the regulation of building buying and selling contract,lender perhaps the ownership of the building.In judicial practice,such things appear more and more frequently,and there are a lot of relevant cases.In has not released the supreme people’s court on some issues of applicable law in private lending cases regulations,this kind of case is quite different verdict,judicial practice many judgments are basically maintained a highly cautious attitude,think the agreed by the parties to the real right legal or to violate the liquid items,the guaranty contract does not have legal effect.After the promulgation of the second and fourth regulations on private lending,a corresponding treatment strategy was provided for such problems in terms of procedures.However,the guarantee of the house-purchase contract agreed in accordance with the idea of the parties was not recognized as legally effective.This article mainly starts from the case,USES the theory research and the demonstration analysis unifies the method to deeply study the house sale contract establishes the security nature,the effectiveness and the implementation way and so on related legal question.Article 24 of the regulations on private lending stipulates the necessary liquidation procedure,because the act of using the house to mortgage the loan has certain damage to the debtor’s rights.However,whether such a guarantee is reasonable involves value judgment,which often leads to different results due to differences in the subject matter.The court set up the liquidation procedure,specifically because the balance of economic interests of both parties needs to be balanced,so the validity of the sales contract was avoided.To guarantee the existence of special type building business type,we can’t just want to maintain the balance of economic interests,the purpose of the need for creditors special contract and article 24 of the applicable premise of weighing,maximum limit to ensure that the two sides set up a newtransaction type,can get a fair judgment on the legal,the planning and maintain respect for the rights and obligations between the parties concerned.The comparison of the contract of sale and purchase and the liquid clauses in the house sale and purchase guarantee is made.Some clauses are not legally effective,and the single does not cause the contract to be invalid.It is clear to us that the contract of sale and purchase will not be useless due to the violation of the regulation that will forbid the mortgage.The creditor may require the performance of the sales contract.If it is necessary to go through the liquidation procedure to use the liquidation method and form,the auction is not suitable to be used as an active promotion method due to the consideration of cost and efficiency,and the agreed priority principle needs to be abided by.When the liquidation procedure is applied,the change price form will be flexibly used.