Determination Of The Validity And Performance Of An Agreement To Foreclose With A House

House used for debt repayment as a kind of thing used for debt repayment,the civil disputes in our country's judicial practice often involves the recognition of the effectiveness of the agreement on the use of house for debt repayment,and the legal norms and legal theory of the recognition of the effectiveness has not yet unified,which has caused the referee standard of judgment and brought the judicial trial and credibility with the distress and influence.First of all,this paper will define the basic connotation of the agreement on the use of house for debt repayment,sort out the relevant theories on the recognition of the effectiveness of the agreement on the use of house for debt repayment,analyze the limitations of relevant theories on the recognition of the effectiveness of the agreement on the use of house for debt repayment,and find out the best theoretical path for the recognition of the effectiveness of the agreement on the use of house for the debt repayment.Secondly,through empirical research,this paper will analyze the judgment standards of the people's courts at all levels in Shenzhen regarding the recognition of the effectiveness of the agreement on the use of house for debt repayment,summarize the standards that can be used for reference in judicial practice,and reveal the problems existing in judicial judgment.Thirdly,based on specific cases,this paper will discuss the agreement of debt repayment by house from the three perspectives of effect of creditor's right,effect of real right change and performance.First,in terms of the effect of the creditor's right of the agreement on the use of house for debt repayment,it should be analized from the perspective of the contract.As long as the agreement on the use of house for debt repayment does not have the invalid or revocable cause stipulated in the contract law,it should be affirmed to have the effect of the creditor's right.Second,in view of the effect of property rights of the agreement on the use of house for debt repayment,if the house has finished the transfer,the agreement occurred in the effect of a change of real right,and if the house has not yet completed the transfer,as long as the debtor has a complete and unrestricted disposition and the house in the future will be able to transfer or not transfer but can be delivered,the creditor enjoy the property of claim that request the debtor to transfer the house.Third,it is pointed out that ownership liquidation during the trial is not only able to balance the interests between the obligee and obligor,and can realize the creditor's right as soon as possible,but the lack may sweep to harm the interests of a third person.Fourth,it is pointed out that liquidation path of first disposition liquidation and then ownership liquidation in the civil execution may be obviously ineffective.Finally,the author believes that the effectiveness recognition of the agreement on the use of house for debt repayment should return to the contract itself,distinguish the effect of creditor's right and the effect of real right change,and in order to balance the interests of creditors,debtors and the third party,it should be pay attention to the liquidation and give the parties to the option of the settlement method.