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民间借贷的发展催生出许多借贷担保类型,其中较为普遍的是以房屋买卖合同担保借贷合同的履行,即借贷双方签订借贷合同后,为保障出借人债权的实现,双方另外签订一份房屋买卖合同,并约定,若债务人到期无法偿清借款,则履行买卖合同,由债权人移转该房屋的所有权以抵偿债务。对于这种新的担保形式,有人认为其属于让与担保,有学者厘清该担保形式的特征后创立了“后让与担保”概念,也有学者认为其本质上就属于不动产抵押,但更多的学者依据该
The development of private lending has led to many types of loan guarantees. The more common one is the guarantee of a loan contract with a house sale and purchase contract. That is, after the loan and lending parties sign the loan and loan agreement, in order to protect the lender’s claims, both sides sign a house sale and purchase contract , And agreed that if the debtor can not pay off the loan due to expire, the contract of sale will be executed and the creditor will transfer the ownership of the house to cover the debt. For this new form of guarantee, some people think that it belongs to the concession guarantee, some scholars clarify the characteristics of the form of guarantee after the creation of the concept of “concession and guarantee”, some scholars think it is essentially a real estate mortgage, but more Many scholars based on this