A Study On The Nature And Effect Of Guaranty Real Estate Sale Contract

with China's monetary tightening,in order to meet the increasing financing demand,when the lenders are making private loans,the creditors need to guarantee the security of their own creditor's rights and the borrower should sign the real estate sale and purchase contract on the basis of both creditor's rights and debts to guarantee the same item.If the debts cannot be repaid on time,the principal and interest of the loan will be race by transferring the ownership of the real estate;The contract of sale is for the purpose of guaranteeing the loan contract,which is different from the general contract of sale and purchase.This new type of guarantee method is gradually used and popularized by financial subject based on its advantages.With the emergence of such a new form of security,this paper makes a comparative analysis of the nature and effectiveness of this kind of guarantee contract by "law",judicial practice and academic circles,and tries to clarify the problem of the basic status,and provides some basis for better adjustment and standardization of such behavior in the future.In addition to the introduction and conclusion,it is divided into three parts:the first part discusses the status quo of the regulation of the nature and effect of the contract of guarantee sale by our legal documents.Based on the broad law,this paper investigates our current legislation,judicial documents and the case of the Supreme Court to regulate the guarantee contract of sale,found that there are legislative gaps in the adjustment of the guarantee contract,judicial interpretation of the key issues,vague provisions,the applicability of the law is not strong and the two Supreme Court to guide the case conflict and so on.The second part is the empirical analysis of the nature and effect of the contract.Through the collection of court judgments,the author presents the characteristics and types of the contractual disputes in the practice,as well as the judges ' thinking and the application of law,there is a qualitative confusion in the trial of such cases,the argument is not sufficient,and the applicable laws are different.The third part Combs and evaluates the academic controversy about the nature and effect of the contract.In essence,the guarantee of the contract of sale by transferring the right of the subject matter to guarantee the performance of the debt,it is advisable to characterize it as a guarantee,a kind of atypical guarantee in the category of insurance.Its nature and security are the same,compared with the guarantee,the latter and the guarantee more accurately reflect the characteristics of the contract of guarantee sale.The Guaranty sale contract does not violate the legal principle of the property right,does not belong to the liquid clause and the means of conspiracy meaning,has the independent economic value,should recognize its legal effect,and give the creditor to have the preferential right of compensation to the subject matter of the contract.