Research On Legal Issues Of Mortgage Repurchase Clauses In Commercial Housing Contracts

With the rapid development of my country’s market economy,traditional guarantee methods have been unable to meet the financing needs of the capital market.In order to simplify guarantee procedures and ensure transaction safety,a new guarantee method is urgently needed to promote the good flow of capital.Commercial housing contract mortgage repurchase clauses As a kind of purchase and sale guarantee,it has the characteristics of high flexibility and strong maneuverability,which just caters to this part of the market demand.With the continuous growth of the bank’s mortgage loan business volume,the repurchase clause has given full play to its advantages while also triggering a large number of legal disputes.As a new type of creditor’s right security method,although it has played the priority function of the security property right in actual application,our country has not clarified it as a typical property right security method in the legislative norms of the "Civil Code".Based on the analysis of several typical cases,this article summarizes the main disputes currently faced by the repurchase clause in judicial judgment: 1.The legal validity of the clause is doubtful;2.The legal nature of the guarantee established by the clause is not clear.After that,it combined several mainstream viewpoints in academia on the determination of validity and nature to conduct comparative demonstrations,and clarified that the legal validity of the clauses and the legal nature of the guarantees established were purchase-and-sale guarantees,and put forward legal principles for judicial judgments on repurchase clause disputes.Reference basis.After a comprehensive understanding of the legal attributes of repurchase clauses,this article proposes a perfect opinion on the realization path of repurchase clause-type purchase and sale security rights from the perspectives of the legal norms of the property law and the commercial application field,and responds to the repurchase clause type of sale-type security The practical application of a new type of security.