论文部分内容阅读
按揭贷款涉及三方当事人,即购房者、开发商和贷款银行。在按揭关系中有四种基本法律关系:即购房者与开发商之间的房屋买卖合同关系;银行与购房者之间的资金借贷关系;购房者与银行之间的房屋抵押关系;开发商向银行提供阶段性连带责任担保的保证关系。当开发商违约导致购房合同解除时,开发商根据法律和合同的规定承担违约责任,实践中不会存在太大的争议。由于按揭贷款合同是基于购房合同而产生的,购房合同的解除必将导致按揭贷款合同
Mortgage loans involve tripartite parties, homebuyers, developers and lending banks. There are four basic legal relationships in the mortgage relationship: the relationship between the buyer and the developer of the house sale contract; the financing relationship between the bank and the buyer; the mortgage relationship between the buyer and the bank; The bank provides guarantees of guarantee in stages and joint liabilities. When the developer defaults lead to the cancellation of the purchase contract, the developer assumes liability for breach of contract according to the law and the contract, and there is not much controversy in practice. Since the mortgage loan contract is based on the purchase contract, the cancellation of the purchase contract will result in the mortgage loan contract