Study On The Determination Of The Person Responsible For Loan Repayment After The Cancellation Of The Contract Of Sale Of Commercial Properties

The Interpretation of the Supreme People’s Court on Several Issues Applicable to the Trial of Disputes on Contracts of Sale and Purchase of Commodities(hereinafter referred to as the Judicial Interpretation of Sale and Purchase of Commodities)provides that when the failure to conclude a contract of guarantee loan leads to the failure to continue the performance of the contract of sale and purchase of commodities,and when the contract of sale and purchase of commodities is confirmed to be invalid or revoked or dissolved so that the purpose of the contract of guarantee loan cannot be realized,the parties may request the dissolution of the other contract,such Such provisions indicate that the judicial interpretation recognizes that two contracts are very closely related,and the effect of one contract can be associated with the effect of another contract due to the emergence of legal reasons,which shows a breakthrough in the characteristics of contractual relativity,which is similar to the system of related contracts in the field of consumer credit in extraterritorial law.The judicial interpretation also provides for the return obligation of the developer after the dissolution of the contract of sale and purchase of commercial properties and the contract of guarantee loan,and the developer shall return the purchase price and the purchase loan to the purchaser and the lending bank respectively,but the judicial interpretation does not provide for whether the purchaser shall still bear the return obligation after the dissolution of the contract of guarantee loan.Different judgments for different types of cases.In order to find out who should bear the remaining loan after the termination of the contract of sale of commercial properties,and whether the purchaser still has the obligation to return the loan,the author retrieves and collects relevant adjudication cases,and analyzes and argues the issue by means of empirical analysis in order to find the most suitable solution.This paper can be subdivided into five parts in the main body.The first part is the introduction of this paper,after a brief description of the research background,the topic of this paper is introduced by means of cases,and a literature review is written on the relationship between the contract of sale and purchase of commercial properties and the contract of secured loan and the different opinions on which party should bear the obligation of loan repayment after the dissolution of the two contracts.The second part is a basic theoretical explanation,which provides an overall understanding of the contract of sale and purchase of commercial properties and the contract of guarantee and loan.Firstly,it is proposed that the two contracts are related,and the theoretical basis of the linkage of effectiveness is contractual conjunction,and its constitutive elements and relationship with the principle of contractual relativity are analyzed after a brief overview of contractual conjunction.Finally,the basis of the claim of the creditor of the secured loan contract,the bank,to request the repayment of the loan from the purchaser and the developer respectively after the termination of the two contracts is analyzed.The third part is the statistics of adjudication documents and the classification of differences in adjudication on the determination of the person responsible for the repayment of the remaining loans in the disputes of commodity house sales.By searching cases related to the topic of this paper in the database of Beihang University,and sorting out and analyzing the effective cases,we summarize the current status of judicial decisions on this issue in China,and clarify the different decisions of local courts.The fourth part is to explain the superficial reasons for the different determinations of loan repayment subjects in judicial practice,and analyze the deficiencies of judicial interpretation at a deeper level.The fifth part is to suggest the improvement of the rules of loan repayment after the termination of the contract of sale and purchase of commercial properties.Firstly,under the existing rule system,it is necessary to unify the judgment scale by issuing guiding cases to prevent different judgments in such cases;secondly,to supplement the theoretical basis for the current provisions in the judicial interpretation,and to ensure the correct understanding and application of the judicial interpretation by establishing a sound contractual joint system and adopting the mode of direct correlation of effects;finally,when dealing with the disputes on the identification of the person responsible for loan repayment,it is necessary to fully consider all parties Finally,when dealing with the disputes over the identification of the person responsible for loan repayment,the rights and obligations of all parties should be fully considered so as to maintain a balanced state,reflecting the special protection for home buyers and preventing the abuse of their rights to the detriment of lending banks.