The Effect Analysis Of Loan Guarantee Contract By Housing Sales Contract

In recent years,with the development of economy,private lending is unusually active,a guarantee gradually popular in the loan transaction,the parties signed the"loan contract" and "housing sales contracts" two contracts in the loan,if the agreement does not fulfill the debt on time,on the sale of housing contract,or in accordance with the sale of housing the contract the lender can obtain housing.Judicial practice in such disputes frequently,has accumulated a lot of cases,in the"private lending regulations" promulgated,be quite different in such cases the referee results,on the sale of housing to guarantee the effectiveness of the majority judgment in the judicial practice of most prudent,that the parties agreed in violation of statutory property or fluidity clause,the security contract shall be invalid."Private lending regulations," 24,the introduction of such issues from the process of how to deal with the answer given,but still do not recognize the parties in accordance with the terms of autonomy agreed to the housing sale contract security effect.In this paper,starting from the case,analysis of the current situation and reasons of the referee in judicial practice is not unified,thinks that in the judicial practice should be eased by property,will be the sale of housing loan guarantee,as trading habits give legal and binding,that should guarantee system established in the legislative level in china。...