Analysis Of The Dispute Of Financial Loan Between Pudong Bank And Mr.Jiang

A developer's false buying and selling behavior refers to the behavior of the real estate development enterprise,who collude with other people to sign a false commercial housing contract because of the financing needs,and obtain bank loans in the name of the other person for their own use and actually pay their capital.The origin of this phenomenon lies in the imperfect financing channels of China's real estate development market and the limitation of financing methods.At the same time,it also reflects that the current personal housing mortgage system has loopholes in the examination and follow-up supervision.The rapid development of false mortgage has not only caused serious damage to the interests of consumers and banks,but also posed a huge threat to the development of the real estate market.Based on the analysis of the case of the Pufa Bank v.Jiang Yi Yong financial loan contract dispute,the key to dealing with this problem lies in the clear legal relation of the case.Generally speaking,three basic legal relations are involved in the legal relationship of the housing sale,the legal relationship of the loan and the legal relationship of the guarantee.After clarifying the legal relationship,the validity of these legal relations should be discussed separately.First of all,the legal relationship of housing sales is invalid because the parties conspire to obtain loans illegally.Housing sale is not the real intention of the parties to express,but to achieve the purpose of obtaining bank loans in a legal form,so the false housing sale contract is invalid.Secondly,the legal relationship of borrowing is not invalid because of the invalidity of the housing sales contract.The relationship between the two is not the main or the contract.In practice,the bank may claim to revoke the loan contract between the buyer and the buyer after the contract of a house sale is confirmed.Of course,if the bank does not make the cancellation right,the loan contract should remain valid in the case,and the bank may claim the cancellation of the contract and the buyer bear the corresponding violation according to the legal provisions or contract stipulations.It's about responsibility.Thirdly,the bank can obtain the mortgage of the house involved on the basis of good faith.Because the buyers and sellers are conspire,the private agreement is only used as a means of taking bank loans,so when the property rights are changed,even the real right holder is no longer the same as the registrant,the real right person will not register the objection.Even if the seller is deemed to be ineffective for the sale of ahousing contract,it has become an unauthorized disposition to mortgage the house to the bank,but the bank's mortgage on the house is an essential part of the good faith acquisition system of the real estate mortgage,because the bank will not lose the house.Right of custody.