Study On "Sales Guarantee" From The Perspective Of PRC Civil Code

There are obvious differences in subject,object,rights and obligations relationship between sales guarantee,private loan and general sales contract.Sales guarantees are the behavioral choices of market entities.It is an agreement reached between the borrower and the lender in order to seek a balance of interests.There is a huge disagreement between the academic and practical circles on how to deal with this new atypical guarantee method in the event of a dispute.The Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)and the Interpretation of the Supreme People’s Court on the Application of the Guarantee System of the Civil Code of the People’s Republic of China(hereinafter referred to as the Judicial Interpretation of the Guarantee System)embody the atypical The stance of "statutory moderation of property rights" for security rights.The change of this position provides legal basis and institutional space for the construction of atypical guarantee system.Based on this background,by sorting out the classic cases of sales guarantees,and conducting in-depth analysis of the problems that appeared in the cases that affect judicial decisions,including the characterization of sales guarantees,the examination of the parties’ expressions of intent,and the predicament of debt repayment,etc.It is clear that The nature of a sales guarantee contract is an atypical property right guarantee;to explore the intentions of both parties of a "sales guarantee",a prudent attitude should be taken,and a comprehensive analysis and judgment should be carried out in combination with the original intention of the contract and the performance process;finally,on the issue of repayment of creditor’s rights,it is given the record The registration and advance notice registration have the same priority of payment,and the creditor’s rights are realized through liquidation,in order to maximize the balance of the interests of all parties.