Research On The Practical Application Of Real Estate Transfer Guarante

In China’s private lending market,in order to meet the financing needs,borrowers choose to borrow from private entities when they do not meet the lending requirements of financial institutions,resulting in a trading model of "lending by buying and selling",in which buying and selling real estate is the main trading form,and the loan money is converted into the purchase money in a false sale,and the real estate is transferred to the creditor’s name through the sale contract,and there is an explicit sale and implicit lending relationship in the form.When the debt maturity is not fulfilled,the creditor can realize the subject matter.Creditors have publicized the ownership of the subject matter in real right,which is in line with the provisions of the Minutes of the Ninth People’s Congress and the Judicial Interpretation of the Civil Code on the Assignment of Real Estate.Creditors can enjoy the priority of compensation for the collateral by referring to the provisions on realizing the real right of security,but whether the publicity method is limited to the registration of real right is controversial.There are similarities between real estate transfer guarantee,transaction guarantee and debt-for-goods system,which are inaccurate in nature and prone to different judgments in the same case.Based on a large number of judicial decisions,this paper analyzes the guarantee of real estate transfer.In addition to literature review and conclusion,this paper adopts the commonly used four-chapter structure,and the main contents are as follows:The first chapter,first of all,is the introduction of real estate transfer guarantee,which lays the theoretical foundation for the following article.The content is mainly divided into three sections.The first section mainly introduces the legal attributes of real estate transfer guarantee,the second section shows the system norms of real estate transfer guarantee,and the third section focuses on analyzing the differences and connections between real estate mortgage,trading guarantee and debt-in-kind.The second chapter randomly selects 100 cases that are consistent with this article from 2021 to now on the basis of the first chapter to sort out and analyze,and draws four kinds of referee views.The third chapter follows the content of the previous chapter,and the four kinds of judgment views correspond to four problems in practice.First,the rules for determining the effectiveness of the security of real estate alienation are not uniform;second,the nature of the security of real estate alienation is not accurate;third,the types of rights enjoyed by creditors to the subject matter are not uniform;fourth,the publicity rules for the priority of compensation of real estate alienation are not uniform,which are discussed in four sections.The fourth chapter puts forward some suggestions to solve the main problems existing in the third chapter.Firstly,it reflects on the issue of determining the validity of real estate transfer guarantee,secondly,it accurately identifies the nature of real estate transfer guarantee,thirdly,it improves the publicity rules of real estate transfer guarantee based on the real estate registration system,and finally maintains the balance of interests of all parties.