Study On The Defense Of Loan Repayment By The Borrowers Of Rotten Buildings

Since the establishment of the pre-sale system of commercial housing and the system of commercial housing mortgage loan,the model of the purchase of pre-sale housing with mortgage loan has gradually occupied the main position in the real estate market.However,the occurrence of "delinquency" of pre-sale houses has caused a wave of mortgage buyers to stop their loans,and the problem of whether the borrowers can refuse to repay the loans on the grounds of the delinquency of the houses has been raised.Although this issue has been widely concerned by the judicial and academic circles,there has not been a unified conclusion for a long time.Because the loan repayment of the rotted tail building is related to thousands of families,it is necessary to discuss this problem reasonably based on the current judicial practice and civil law theory.Based on the writing needs,this paper is divided into five parts except the introduction and conclusion.The first part discusses the institutional background involved in the loan repayment problem of the borrowers of rotten tail building--the pre-sale system of commercial housing and the mortgage loan system of commercial housing.Combined with the current situation of the problem,it leads to the research topic of whether the borrowers can defend the loan repayment liability with the rotten tail of the building.The second part clarifies all kinds of legal relations in the sale contract of commercial housing,the guarantee loan contract of commercial housing and the two types of contracts involved in the loan incident of rotten tail building.At the same time,the relationship between the two types of contracts is explored,and it is concluded that the two types of contracts are independent and interrelated.The third part investigates the judicial status quo of the loan repayment defense of borrowers in rotten tail buildings,summarizes the existence of two contradictory opinions on the problem of the loan repayment defense of rotten tail buildings in judicial practice,and expounds the reasons for the formation of different opinions in combination with the theory of civil law.The fourth part puts forward the viewpoint of this paper on the basis of combing the differences in judicial practice,that is,it should be based on the correlation between the commercial housing sale contract and the commercial housing guarantee loan contract,and it should be recognized that the loan repayment defense of the borrower of the broken end building can be established when the constituent elements of the borrower’s subjective no fault and the contract’s objective cannot be realized can be met in specific circumstances.In the fifth part,the author discusses the legal consequences of the borrower’s defense against the loan repayment of the rotten end building,and draws the conclusion that the seller should return the down payment and the principal and interest of the house loan to the borrower and the lender respectively.