Research On The Transferring Guarantee Problem

There are huge academic divergences in the characters, promulgation methods and other aspects of transferring guarantee; there also exists controversy in the question whether PROPERTY LAW should apply the transferring guarantee system. This article tries to argue for that the development of our market economy needs: transferring guarantee which is practical, flexible and effective through studying on the basic theories and legislation of transferring guarantee. The article consists of four parts. The first part analyzes the feasibility of transferring guarantee in our country. Its special value is written about in the second part. Our transferring guarantee is compared with other security systems in the third part. The last part researches its legislation in our country.The first part of this article firstly sets forth the controversy among academicians whether transferring guarantee should be written into the PROPERTY LAW, which takes out the topic of the article if transferring guarantee is a valid legal action. Secondly, it talks about why there are long quarrellings about transferring guarantee in some county's cases such as Germany and Japan, which provides theoretical support for transferring guarantee. Thirdly, it discusses that the development of our market economy needs such an efficient financing method as transferring guarantee through its positive effecting market economy. Finally, it infers that mortgage is a form of transferring guarantee through analyzing present mortgage of commercial houses in our country. On the base of above discussing, this part analyzes that the...