Research On The Commercial Housing Contract Dispute Case Of Zhu Mou V.Jia He Tai Company

In other words,the creditor and debtor guarantee and offset related debts by signing the contract of commercial housing sale or directly agreeing on the ownership of housing property right.The court has different opinions on this kind of case of offsetting debts with housing,and there are also big differences in the theoretical circle.Jun-fang zhu v.jia and bonded with house real estate development co.,LTD.Is a classic case of this kind of case,a case of the case dispute focus mainly concentrated in jun-fang zhu jia and company the "commercial housing sales contract signed with the loan contract,the relationship between the determination,whether the convention constitutes liquid clauses in the loan contract,jun-fang zhu of commodity house is involved with the priority of compensation with respect to the following three aspects.As for the first dispute focus,the relationship between the two contracts does not belong to the generalization of post-assignment,guarantee and mortgage,so the relationship between the two contracts should be identified separately under different circumstances.If the creditor and debtor for the "commercial housing sales contract" for the record registration of commercial housing,notice registration,etc.,then these ACTS with the nature of publ icity is actually transferred to the creditor’s formal ownership,so that the transfer of the subject matter has the agreement against the third party,constitute a real estate transfer guarantee;If only signed the "commercial housing sales contract but n ot transfers the ownership of the property,not for commercial housing registration or advance notice registration,etc.,the creditor and the debtor" commercial housing sales contract shall be deemed to be signed by means of the sales contract form,but i n fact is in order to guarantee for the implementation of the loan contract,do not have buying and selling the acceptability of the building,in this case,constitute the generation of content discharge appointment;On the second point of dispute,the agr eement in the loan contract is not a liquid clause.First jia and company does not belong to liquid flaws in clause mean said the debtor,the second on the objective effect,in this case "loan contract" the convention does not damage the interests of the d ebtor and other creditors,because our country has not set up real estate again the public guarantee method,use this kind of contract in the form of security right people do not enjoy the priority of compensation,jun-fang zhu as collateral rights enjoyed by the people are ordinary creditor’s rights,does not damage the interests of other creditors;As for the third focus of the dispute,zhu junfang has no priority right to be compensated for the commodity houses involved in the case,and the real estate t ransfer guarantee has no priority right to be compensated for the property right.Meanwhile,there is no legal recognition and protection method to make its antagonistic and dominant nature known to the public,and there is no relevant legal provisions to grant its priority right to be compensated.