A Study On How To Determine The Effect Of The Agreement Of Paying Debts By Housing

It is a new type of transaction mode that the parties reach the agreement of paying debts by housing.The corresponding system has not been established in the civil and commercial law of our country,which leads to the dispute over the agreement of housing for debt.The reason is that there are different understandings about the nature of the agreement of paying debts by housing,and the determination of the nature is bound to be based on the consideration of the parties' true consent.For this reason,this paper divides the establishment time of the agreement into two types:before and after the expiration of the debt performance period,the former corresponds to the expression of intent of guarantee,while the latter corresponds to the expression of intent of debt repayment.As for the nature of the former,it is different from the conditional sales contract,transfer guarantee guarantee,post-transfer guarantee,reserved reserved substitute property for repayment,generalized real estate mortgage,It is considered that its nature is different from the atypical guarantee of the transfer guarantee and the post-transfer guarantee.As for the nature of the latter,unlike the reserved substitute property for repayment,it is a promised contract,and the principle of settlement of new debts should be used,with the exception of changes to debts;For the former,the commercial housing sales contract,as the external form of guarantee,is invalid due to the false expression of collusion,and is effective as the atypical guarantee of hidden behavior.As for the contract effect of the latter,as it belongs to the promissory contract,the commercial housing sales contract takes effect assoon as it is established;For non-typical guarantee,if its nature is debt guarantee,it is difficult to play a role in practice,therefore,from the perspective of the relaxation of the legal principle of real right,this paper interprets the "law" of the legal principle of real right as including the customary law,and brings it into the scope of the security real right of the customary law,at the same time,notice registration is used as the public way of real right,which gives priority to the creditor who pays the debt by housing;Finally,for the former,the creditor can't claim the priority right to be paid against the compulsory creditor's rights.At the same time,because the commercial housing sales contract is invalid,the creditor also has no real right expectation right against the execution of the court.For the latter,there is an effective commercial housing sales contract between the parties,but the sales contract is only a way to pay off debts,which is different from the real housing buyer,therefore,the creditor who pays the debt with the house does not have the right of expectation of real right.