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在以“按揭”为主要付款方式的商品房买卖中,通常存在购房人与开发商签订的商品房买卖合同,购房人、银行、开发商之间签订的商品房担保贷款合同,这两个合同虽然在性质上彼此独立不存在主从关系,但是在缔约目的以及合同内容上却有着紧密的关联性。实践中一旦商品房买卖合同产生纠纷被撤销、解除,往往导致商品房担保贷款合同也随之被撤销、解除,从而处于担保贷款合同债权人地位的银行难以保障其合法权益。本文旨在通过对判例与学说的研究,为解决上述问题提供思路。
In the “mortgage” as the main payment mode of sale of commercial housing, there are usually buyers and developers to sign the sale of real estate contracts, buyers, banks, developers signed between the real estate secured loan contract, although the two contracts There is no master-slave relationship in nature and independent of each other, but there is a close relationship between the contractual purpose and the content of the contract. In practice, once a dispute arises over the contract of sale and purchase of commercial houses, it is often canceled and canceled. Therefore, banks that are in the position of creditors of guaranteed loans are unable to guarantee their legitimate rights and interests. The purpose of this paper is to provide ideas for solving the above problems through the study of case and doctrine.