Research On The Judgment Thinking About The Termination Of The Equity Transfer Contract With Installment Payment

With the prosperity and development of my country’s market economy,there are not only ordinary sales contracts for consumption,but also commercial contracts with rights as the subject of purchase and sale in civil and commercial transactions.When the price involved in the contract is relatively high,the parties often pay the price in installments,which can obtain the ownership of the subject matter in advance and relieve the pressure of paying the full price.However,in an installment equity transfer contract,multiple stakeholders are usually involved.If the contract is terminated,it is likely to cause loss of interest to multiple parties.The law does not specifically provide for disputes over the termination of an installment equity transfer contract,only establishes that the relevant provisions of the Contract Law can be referred to.In2016,the Supreme People’s Court issued Guiding Case No.67,which was intended to exclude the application of Article 167 of the Contract Law(Article 634 of the Civil Code)to the transfer of equity by installment payment.There is a great controversy in the theoretical and practical circles.Effectively solve the legal application of the termination of the installment equity transfer contract,and clarify the judge’s judicial thinking in this type of case,which is conducive to the protection of the interests of all parties.The question is issued in the first part of the thesis.Through the analysis of Guiding Case No.67 and related cases,based on the analysis of the focus of the dispute,the current problems are drawn,including the unclear application of the law of the equity transfer installment contract,and the lack of uniformity in the judgment of judges in the trial of similar cases.Issues concerning the legal application of equity transfer contracts and the scope of application of Article 634 of the Civil Code.The second part of the thesis analyzes the scope of application of Article 634 of the Civil Code,the legislative purpose,and the relationship with the statutory right of rescission.These are the basis for the study of judicial judgments on the settlement of disputes over the transfer of installments.The third part of the thesis is the analysis of the particularity of the installment equity transfer contract.It introduces the particularity of the equity delivery time,the particularity of the equity value,and the particularity of the contract termination cost,and then the "Civil Code" is applied to the installment equity transfer contract.The feasibility of Article 634 is analyzed.The fourth part of the thesis is based on the analysis of consideration factors in the current judicial practice in the trial of this type of case,and proposes the hierarchical review of this,in order to propose feasible judicial thinking for the judge to try this type of case.