A Study On The Contract Named "Sale Is Actually Loan"

In practice,it is an inevitable result of economic development to provide guarantee for loan in the form of signing house sale contract.In order to reduce the risk,the creditor will require the debtor to provide various forms of security,including providing guarantors,providing collateral,etc.However,the existing legal security interest can not meet all the needs of creditors.For example,as a real estate developer,when financing the market,because it is difficult to register the mortgage in the registration department when the construction in progress is mortgaged to creditors other than the bank,so the developer can only provide guarantee for the loan by signing the housing sales contract,while as a loan guarantee The court had different opinions on the nature and effect of the contract.Article 24 of the provisions of the Supreme People’s Court on Several Issues concerning the application of law in the trial of private lending cases(hereinafter referred to as the judicial interpretation of private lending)provides for the situation of signing a sales contract as the guarantee of a private lending contract,but it does not solve the problem of the nature and effectiveness of the sales contract.Since then,the Supreme People’s court has issued the minutes of the national court’s civil and commercial trial work meeting(hereinafter referred to as the minutes of the nine people’s meeting).The minutes of the nine people’s meeting holds that the contract with guarantee function is an effective contract,and expounds the system of transfer guarantee,which to a certain extent solves the judgment and reasoning of the nature and effect of the contract named "business is actually loan" in judicial practice Problem.However,as far as the current judicial system is concerned,there are still major problems in the determination of the nature and effectiveness of the contract named "business is actually a loan".Although the minutes of the Ninth People’s Congress have been elaborated to some extent,the minutes of the Ninth People’s Congress itself is not a judicial interpretation and cannot be used as a basis for adjudication.When identifying the effect and nature of the house sale contract in the contract named"the sale is actually the loan",it is inevitable to resolve the conflict with the "Prohibition of the rule of fluidity" and the conflict with the validity of the registration of security interest.The legal system itself is to balance the interests of all the subjects of the society and make the society run orderly.To analyze the nature and effect of the contract named "business is actually loan",we need to weigh the interests of all the subjects to judge whether the existing system is reasonable.From the perspective of interest balance,this paper analyzes the contract named "transaction is actually loan".