A Study On The Legal Nature And Validity Of A Sale And Purchase Guarantee Contract

At present,there are a large number of new forms of guarantee in the judicial practice of our country,in which the commercial housing sales contract is used as the loan contract.For this new way of transaction,the existing laws and regulations of our country are not clear,and the judgment opinions of the Supreme People's court are inconsistent,even contradictory,and changing repeatedly.This results in different judgments of the same case,which is not conducive to the unification of the judgment standards of courts at all levels in the country,the protection of the legitimate rights and interests of the parties,and the encouragement of transactions.By introducing the concept and characteristics of this form,combining with the current legal system of our country,and using the way of theoretical analysis,this paper distinguishes this new form of transaction from the traditional way of security,affirms that it has the effect of real right as a new form of real right security,and puts forward specific suggestions on how to construct the law for this new form of security.