| Question on the installment of transfer today,the major point of debate is whether the equity transfer contract payments made to apply "contract law" article one hundred and sixty-seven common installment the relevant provisions of the rescission of the contract,and because the law did not make clear a regulation,this makes the court trial in practice when the connection with different sentenced to occur,and the highest law in order to solve the judicial status,its guidance published in 2016 of the 67 cases,the provisions of the main is equity transfer payment contract can not be used in the "contract law" the one hundred and sixty-seventh provisions on ordinary business contract payment by installment.However,there are more disputes and logical errors in the judgment reasons,so there is no clear stipulation on the existing relevant issues.Based on this the paper is to guide 67 cases as the breakthrough point,from the legislative purpose and meaning of article one hundred and sixty-seven of the "contract law" to discuss the applicable scope,and through the equity transfer and ordinary business contract,thus further at "contract law" article 167 of this law on instalment buying and selling and the relationship between the equity transfer payment by installments. |
