On The Legal System Of The Transferring Guarantee

With the increasing need of the development of social economy, the transferring guarantee has developed into an untypical guaranteeing method , which has been widely used in daily life because of its convenience. Although there isn't any related legislation in Germany, Japan and Taiwai district, the transferring guarantee has been admitted widely by academic circles and in practice. In recent years, the transferring guarantee represented typically by the mortgage of real estate has emerged suddenly in the Mainland.In order to improve the legal system of market economy in China, the transferring guarantee is necessary to be stipulated in the law. Although the transferring guarantee called "bastard" has been stipulated in the official draft of the property law and the suggesting draft by scholars, there are still controversies. In this thesis, the author thinks that the transferring guarantee isn't suitable to be done as a property-right-character right in the property law because of its complexity , its difficulties in choosing the methods of public announcement and the prohibition of "fluidity contract" in current laws. There is no doubt that the transferring guarantee has played an important part in native practice. We should absorb all advanced legislating experience from other countries in the process of legal modernization, so that we can establish the transferring guarantee in our country in the future.