Analysis On The Legal Issues Related To Automobile Credit Installment

Credit consumption is simply known as credit.Until today,it has become an indispensable and important part of the modern economy.Almost all consumer goods you can think of can provide you with credit for consumption,such as real estate,cars,mobile phones,home appliances and even home decoration,etc.In the modern economy,credit can meet all expenses of your daily life.In this era when the consumer credit economy is so developed and prosperous,there is one consumer credit product that quickly appears in the public eye and concerns the vital interests of many people,which is the consumer loan of auto credit.But the rapid development of car credit consumption mode,which has produced many legal disputes,about the behavior of the pre authorization guarantee company closed tube vehicles whether belong to civil self-help behavior,the author thinks that is a kind of old self relief way,although the civil self-help behavior are still has not been written law,and it is recognized a behavior in the rights of the rights have been infringed upon or violations of the possibility,the obligee may take self-help measures in case of an emergency emergency self-help to infringement of rights.According to the guidance of the principle of autonomy in the spirit of civil law and private law,the self-service way of self-service right can be regarded as a form of expansion and application of civil self-service,but in the process of expansion and application,civil self-service behavior should be properly and reasonably used.As for whether the contract is an effective restriction on the real right of the owner,the contract is an adjustment norm of the dynamic debt law,which is mostly presented in the form of agreement,while the real right is a static property norm,which is mostly stipulated by law.As between the parties to a contract,the proprietary sign dispose of their rights,right to own property right with burden,this is the right to self limit,as a result,the contract effectiveness in preference to ownership,and therefore constitute the effective contract is to the real right restrictions,as well as the realization of the real right restrictions on the real rights for security rights.This article mainly from the automobile credit consumer purchases and combining with the actual case to explore in motor credit consumption mode to study the related legal problems in the analysis,focuses on credit on car consumption mode,on car purchases and ways of dispute settlement between guarantee company to explore,as far as possible to reduce such disputes.This paper is mainly presented in three parts.The first chapter mainly introduces the cases.Through the analysis and elaboration of the three real cases introduced in this paper,different judgments of the same case in different courts are found out from the specific cases,so as to put forward the focus of the case dispute.The second chapter analyzes from the jurisprudence of the focus of the dispute,which is the definition of whether the act of collecting and managing the vehicle is a civil self-help act,whether the contract agreement constitutes an effective limitation on the real right and the real right limitation on the realization of the real right of guarantee.The third chapter draws the research conclusion and inspiration from the case study through case study and legal analysis,and combines the avoidance of such problems and solutions in the field of automobile credit consumption in foreign advanced and developed automobile industry countries,and conducts comparative demonstration and further standardizes the current situation by combining the actual situation in China.The purpose is to regulate the contract between the two parties through the normative nature of the contract as far as possible,urge the two parties to fulfill their contractual obligations,and better promote the orderly and normal and healthy development of social economy.