房屋交易中套取银行贷款行为的法律定性及处理研究.pdfVIP

孙南申 教授 陈 力 教授 陆志安 副教授 ㈣蚴㈣㈣ Y1 97芝：：ii。芗兰。 目 录 中文摘要”·””··”······“·············．．·．．．．··””··”“”········1 ABSTRACT····················．．····································4 1i倌·································································5前Ⅱ吾····························。···························。·······。5 第—章房屋交易中套取银行贷款行为的成因及法律问题·······················6 第—节房贷纠纷的特点及成因······-·····································6 第二节当前处理此类纠纷的观点及理由····································8 一、房屋买卖合同的效力及法律后果·····································9 二、银行借款合同、抵押合同的效力及法律后果·····························10 第三节对纠纷处理的思考及所存在的问题··································11 一、买卖合同虚假性的判断及效力问题································11 二、买卖合同效力对房屋抵押权的影响问题·····························12 三、 纠纷处理的法律效果以及对银行债权利益保护问题···················13 第二章房屋买卖与贷款合同效力问题分析··································14 第—节对合同效力的理解···············································14 一、行为人的订约能力问题·····································”””·15 二、行为人是否有真实意思表示········································15 三、强制法律规范与社会公共利益问题···································16 第二节对合同无效的认定···············································16 一、欺诈与胁迫合同················································16 二、 恶意串通合同··················································17 三、非法目的合同··················································17 四、 损害社会公共利益合同··········································．18 五、违反强制性法律规定合同········································18 第三节虚假买卖套取银行贷款合同的效力分析及法律适用····················18 一、 对买卖合同的法律效力分析及法律适用······························18 =、对贷款合同的法律效力分析及法律适用······························20 第三章房贷抵押担保的法律问题分析·····································23 第一-节抵押权在房贷中的作用···········································23 一、借款合