Analysis On The Nature Of Guaranteed Loan By Sale Contract

The phenomenon of signing a sales contract to guarantee the loan contract between the civil and commercial entities has occurred frequently in recent years.Such behaviors are more difficult in the identification of legal facts and applicable laws.And because of the lag of the law,there is no uniform approach to this phenomenon in judicial practice,and there are different opinions on the nature of the behavior in the academic world.Although the Supreme People's Court issued a relevant judicial interpretation in 2015,namely Article 24 of the Judicial Interpretation of Private Lending,this clause preliminarily defines this behavior between the parties,and how to try this class from the procedural level.The case was given guidance.Although the clause played a certain role in the dispute,the true legal nature of this behavior was avoided,leading to chaos in judicial practice.If you want to prevent the situation of judicial chaos from continuing,then how to define the legal nature of this behavior is a problem that has to be faced.The Supreme People's Court has characterized such behaviors as“selling and selling,and actually borrowing”through judicial interpretation.There are also different views in the academic world.Some scholars believe that such behaviors are invalid because they violate the liquidity clause.Some scholars believe that such behaviors belong to the scope of granting guarantees.There are also many scholars who hold such contracts with the terms of sale and the performance of debts between the two parties.The agreement on the settlement of substitutes and the legal relationship between the parties are the bonds of choice.Some scholars believe that such behavior can be defined as a new concept of atypical guarantees,namely "post-grant guarantee".The author believes that the parties have signed a sales contract to guarantee the realization of the creditor's credit in the loan and loan relationship.If the real estate ownership is transferred immediately after signing the sales contract,then from the perspective of protecting the creditor's interests and maintaining the market economic order,it should be determined.For this kind of behavior,it is a concession guarantee";if the parties agree,when the debtor fails to fulfill the obligation of due settlement as stipulated in the loan contract,and the two parties perform the obligations stipulated in the contract for the sale of the house,it is a conditional substitute.Clear the scope of the agreement.However,how to comprehensively understand the legal nature of such acts must be determined in light of the facts of the case.