Analysis Of Cases Of Sales-type Guarantee Disputes

Trading guarantee is a new type of atypical guarantee emerging in recent years.Since there was no unified legal regulations in the early days,there are many disputes in theory and practice.Based on the analysis of the total amount of related cases in recent years,three typical cases of the same type in different years are extracted,and their common disputes are summarized and analyzed.Focus one on the nature of the sale-type guarantee contract,which negates the false invalidity of collusion,violation of mandatory provisions,and the validity of the conditional contract.The validity of the contract is actually called the validity of the loan guarantee.Focus two: For the issue of whether the purchase-and-sale guarantee has the priority right of compensation,the guarantee in the sample case by means of a purchase-sale contract is effective,but because it has no legal registration method,it is not a security right,and it is only guaranteed by the purchase-sale contract It cannot be given priority to be repaid.In practice,in order to protect the rights of creditors,many creditors conduct advance notice registration in order to enhance the effectiveness of the sale-type guarantee.That is,during the period of effective advance notice registration,it is presumed that the third party is aware of the rights in the collateral,excluding the transaction and disposition of the subject matter between the third party and the debtor or guarantor,so that the creditor It has the priority right to be compensated and can successfully realize the guarantee.Regarding the way to realize the sale-type guarantee,after comprehensively analyzing the scope of its guarantee,agreeing to the judicial interpretation of private lending to deal with the sale-type guarantee can take into account the interests of creditors and debtors.The parties can self-regulate the house transfer registration according to their own wishes,and can apply to the court for liquidation or discount or auction when a consensus is not reached,so that both the creditor ’s rights and the legal rights of the debtor can be protected.