Academic Journal of Humanities & Social Sciences, 2023, 6(8); doi: 10.25236/AJHSS.2023.060806.
Tang Xuanliang
Law School, Guangxi Normal University, Guilin, China
As a kind of guarantee, conciliation guarantee has its own advantages and is often used in social civil activities. However, as an atypical guarantee, its effectiveness has been controversial. In judicial practice, the assignment guarantee contract is often presented in the appearance of a different name, that is, the transaction mode of "called transaction, but in fact loan" appears. There are two contracts involved in such a transaction mode, namely the loan contract and the sale contract. As a creditor's right contract, loan contract has the effect of confirming creditor's right. However, there are different academic views and practice cases on the validity of sales contract, so how to view the validity of sales contract itself will become the focus of research. Along with the promulgation of relevant normative legal documents, such as "Nine People's Records" and "Civil Code", the guarantee system becomes more and more clear, and the consensus is reached on the effect of guarantee.
Contract of sale; Security of assignment; Validity of claims; Effect of real right
Tang Xuanliang. Research on the Legal Effect of Guarantee in the Contract of Sale with Guarantee. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 8: 29-33. https://doi.org/10.25236/AJHSS.2023.060806.
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