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问题的提出最高人民法院《关于审理民间借贷案件适用法律若干问题的规定》(以下简称《规定》)第二十四条明确规定:“当事人以签订买卖合同作为民间借贷合同的担保,借款到期后借款人不能还款,出借人请求履行买卖合同的,人民法院应当按照民间借贷法律关系审理,并向当事人释明变更诉讼请求。当事人拒绝变更的,人民法院裁定驳回起诉。按照民间借贷法律关系审理作出的判决生效后,借款人不履行生效判决确定的金钱债务,出借人可以申请拍卖买卖合同标的物,以偿还债务。就拍卖所得的价款
PROBLEM PROTOCOL Article 24 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases (hereinafter referred to as the ”Provisions“) clearly stipulates that: ”The parties shall, by signing the contract of sale and purchase as a guarantee for the non-governmental loan contract, After the borrower fails to repay the loan and the lender requests the fulfillment of the contract for sale, the people’s court shall hear the case in accordance with the legal relationship of the private lending and explain the change of the litigation request to the parties. If the party refuses to change the people’s court decides to reject the prosecution, After the adjudication of the trial of the relationship takes effect, the borrower fails to perform the monetary obligation as determined by the effective judgment, and the lender may apply for auction of the subject matter of the contract for sale and purchase to repay the debts.