Study On The Determination Of The Legal Relationship Of Closed Financing Sale And Purchase

With the rapid development of the market economy,the phenomenon of lending and borrowing between enterprises in the form of financing sales and purchases has long existed and has become complex and diversified in form,making it difficult to effectively solve the problems of distortion in judicial practice and how to regulate the typology.Taking the case of "R Company v.G Company" as an example,we will discuss whether the legal relationship between the two parties constitutes a financing legal relationship and whether the guarantee relationship between the parties and each guarantor is effective.Firstly,when exploring whether there is a financing relationship between the parties,the principle of distinction should be used to explore whether the intention of the parties is true,whether it is binding and whether they bear the corresponding transaction risks,and to clarify that there is no lending relationship between the parties,but only a valid sales contract,in accordance with the principle of distinction.Secondly,although the document of intent provided by the guarantor in this case was defective,the fact that the guarantor produced the supporting documents and the parties fulfilled their obligation to examine them was sufficient to create a relationship of reliance and therefore the guarantee should be deemed valid from the standpoint of reliance protection.Secondly,in the section on reflections and suggestions,by sorting out the adjudication ideas of similar cases,we found that the shortcomings of the current trial practice in the identification and treatment of financing sales are: firstly,there are limitations in the type of identification;secondly,the results of the treatment after the contract is found to be invalid are not uniform;thirdly,there is a strong regulatory tendency in the existing adjudication philosophy.In response to each deficiency,firstly,the type of legal relationship between the parties should be judged on the basis of the true intention of the parties;secondly,the liability of each party after the invalidation of the contract should be regulated from the standpoint of reliance protection;finally,the concept of freedom of contract should be used as the basis for updating the adjudication concept and changing the possible deficiencies in the past adjudication ideas.