西南交通大学学报（社会科学版）2019，Vol.20Issue(1)：138-145,8.
以房屋买卖合同担保借款合同的解释和效力——基于裁判分歧的展开
Analysis on the Interpretation and Validity of the Loan Guarantee Set by Housing Sale Contract on the Basis of Judgment Differences
孙思嘉1
作者信息
- 1. 中国人民大学 法学院, 北京 100872
- 折叠
摘要
Abstract
The judgments of the loan guarantee set by housing contract have triggered controversy in the theoretical and practical circles for a long time. The relevant judicial interpretation only stipulates the cases in which the lender requires to perform the housing contract, but ignores the cases about the validity of housing contract and some controversial theoretical problems indeed. Through analyzing the judgment differences of the guarantee set by housing contract, and also on the basis of the different viewpoints and theories, this paper argues that under the current law, two different types of cases should be distinguished. First, the substantial alienation guarantee of immovable property should at least ensure its security effectiveness of the nature of creditor's right. Second, the ostensible alienation guarantee of immovable property should be interpreted as an unregistered real estate mortgage with only creditor's right guarantee effectiveness.关键词
房屋买卖合同/担保借款/物权法/司法判决/房屋所有权/民间借贷市场/让与担保Key words
housing sale contract/loan guarantee/property law/judicial judgment/house ownership/private lending market/security transfer of ownership分类
社会科学引用本文复制引用
孙思嘉..以房屋买卖合同担保借款合同的解释和效力——基于裁判分歧的展开[J].西南交通大学学报（社会科学版）,2019,20(1):138-145,8.
