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在买卖型担保中,当事人双方针对买卖合同不动产标的物并无支付价款及收取对价的真实意思表示,仅有转移所有权的合意,且债权人仅享有请求转移所有权的债权请求权,债权人有不获所有权转移的风险。当债务人不履行还款义务时,债权人可申请法院强制执行债务人责任财产,债务人的责任财产当然及于买卖合同标的物,买卖合同标的物受制于债务人的责任财产。《民间借贷规定》第24条并未创设新的担保形式,买卖合同的标的物上并未设定有效的担保物权,其亦不具有担保作用,出借人与其他债权人处于平等地位,当事人之间仅为普通的债权债务关系,出借人对于金钱债权的申请拍卖程序仅能通过强制执行程序得到实现。
In the sale and purchase guarantees, the two parties for the sale and purchase of real estate contractual object does not pay the price and the true meaning of the price that only the transfer of ownership of the agreement, and creditors only have the right to claim transfer of ownership claims, creditors have no ownership The risk of transfer. When the debtor fails to fulfill the repayment obligation, the creditor may apply to the court to enforce the debtor’s liability property. The debtor’s liability property is, of course, subject to the subject matter of the contract for sale and purchase and the subject matter of the contract for sale is subject to the debtor’s liability property. Article 24 of the “Regulations on Private Borrowing” did not create a new form of guarantee. The subject matter of the contract of sale did not contain a valid security right, nor did it provide a guaranty. The lender and other creditors were on an equal footing. The parties Between ordinary claims and debts, lenders apply for the auction of money claims can only be achieved through the enforcement process.