The Legislative Study Of The Transferring Guarantee

The system of transferring guarantee comes and develops into a untypical guarantee system, which meets with the urgent needs to finance and use the movable property of the market economy. The transferring guarantee has already been applied extensively in the following countries or districts, such as Germany, Japan, Switzerland, Taiwan of China, etc. In our country, financing and usufruct of the movable property are also urgent needs. There exists a great number of the security of cession in our practice, but our law has no relate regulation. As an important system that can meet this kind of need, how to construct the transferring guarantee turn out be the current issues that must be researched promptly.The article is divided into some parts:Firstly ,the author narrates the main function of transferring guarantee is to expand the scope of subject matter of hypothec to movable estate to realize the non transfer possession of movable estate guaranty, giving attention to the need of guaranteeing jus in persona and the need of guaranty provider's usufruct of guaranty. And another transferring guarantee's function is not only seeking interest balance between Creditors and Debtors, but also to simplify the procedure of realizing hypothec in order to cut the exchanging costs.Secondly, the thesis analyses the fundamental theories of this system and the author holds that the essence of transferring guarantee is the real right for security.Thirdly, the author insists that the method of transferring guarantee of movable property should be adopted in establishing in written form--antagonistic to registration. At the same time, in order to remedythe defects of this method of establishing in written form--antagonistic toregistration, this article also puts forward some corresponding legislative suggestions--establishing the system of Notice Filing of America.