Study On The Loss Of Term Interest Clause In Installmengt Sales

At present,there is no standardized understanding of the concept of installment,the validity rules,scope of application and applicable conditions of the term loss clause in the installment contract.The term loss clause related to the installment sales contract needs to be improved.This paper takes this as the research pulse.This paper is divided into three parts: introduction,main body and conclusion.The first chapter is the summary of the loss of term interest clause in the non installment sales contract,which is also the content of the question.This chapter redefines the concept of "installment" and "payment" in installment sales contract through comparative study,and on this basis,combs the function of term loss of interest clause and the defects of legislative expression.Through the empirical analysis of the judicial application of the term loss of interest clause,this paper finds that the judicial practice does not fully refer to the Supreme Court’s No.67 guiding case judgment,and the part of reasoning basis of the Supreme Court’s No.67 judgment opinion is lack of strong basis,so it is necessary to re study the term loss of interest clause related to installment sales contract.The second chapter is about the effectiveness rules of the term loss clause in the installment sales contract.This chapter analyzes the reasons for the loss of interest in the term of installment sales contract and the inherent shortcomings of the normative nature analysis path.In fact,the concept of reconciliation can not be applied to the actual needs of the installment system,but should be measured in specific cases,so we can not completely evaluate the term interest by the normative nature,but inject the method of interest measurement on the basis of the normative nature.The term loss of interest has the characteristics of compulsion,which can not be violated in general.However,if the content agreed by both parties in a specific case does not lead to the imbalance of interest,the content of the term is the true intention of both parties,and the contract cannot be declared invalid simply by the term loss of interest in violation of the term.The third chapter focuses on the analysis of the application scope,the application conditions,the application order of the loss of interest and the loss of rights.It seems that legislators intend to limit the term loss clause to consumer contracts,but in fact,there are a large number of installment contracts that need to refer to the rules of the term loss clause to balance the interests of all parties.In terms of application conditions,compared with foreign legislation,there is uncertainty in terms of the time limit for the loss of term interests in China,and the application conditions are not limited by "two periods of delay in payment",so the application conditions need to be improved.The opinion of distinguishing the application order between the loss of term interest clause and the loss of right clause is lack of legitimacy and rationality and should not be adopted.The fourth chapter puts forward some suggestions on the improvement and construction of the term loss of interest clause in installment sales contract.It is necessary to clarify the concept of installment payment,elaborate the application of term loss clause,and clarify the order of rights exercise of term loss clause and right loss clause.Finally,the term loss of interest clause in installment sales contract is refined by reference to the applicable method,which should include two levels of vulnerability identification and vulnerability filling.The identification of loopholes mainly considers whether the cases to be solved are in line with the factual characteristics of the term loss clause;the filling of loopholes focuses on finding out whether differences affect the appropriateness of reference application in specific cases.