论担保型买卖合同的性质与效力

On the Nature and Effect of Guaranteed Sales Contract

担保型买卖合同的性质在理论与实践中存在较大争议,往往被视为一类新型的担保方式,但是《民间借贷规定》第24条对担保型买卖合同的性质与效力未给予明确规定。担保型买卖合同本质上是无名合同,可看作借款合同的违约条款,亦具有合同法上的效力。

The nature of the guaranteed sales contract is controversial in theory and practice,which is often regarded as a new type of guarantee,but Article 24 in the ＂private lending regulations＂is not clear about the nature and effect of the guaranteed sales contract. The guaranteed sales contract is essentially an unnamed contract and can be regarded as the breach clause of contract and also has the effect of contract law.