Research On The Legal Issues Of Sales Guarantee

With the activities in the financial field become more and more complex,the emergence of a kind of "sales guarantee " has brought a lot of problems to the judicial practice of our country.The Supreme People’s Court has different understandings of this issue in different periods,did not make clear to the effectiveness and implementation rules,as a result,sales guarantee in our country in judicial and theory of double trouble.How to define the sales guarantee is not only related to the reality of our country’s economic development,but also related to the perfection of our country’s guarantee legislation and theory.In this paper,we adopt a receptive attitude towards sales guarantee,through the comparative analysis with other similar system,found sales guarantee exists different characteristics with other system and value,combined with the article 388 and article 428 of the civil code,from the real right legal moderate socialist argument,define it as a new way of atypical guarantee.The guarantee sales contract signed by the two parties is not a false representation of collusion,and it is not invalid because of the liquid terms,and it can produce a certain priority of compensation after a certain means of publicity.In terms of its legal structure,this paper elaborates the contract identification,content and form,guarantee effectiveness and settlement mode,and guides the sales guarantee can be better regulated.