The Comparison Study On Mortgage System And Transferring Guarantee System

Mortgage system derived from common Law. It's a security system of goods. Now it's also the most common security system in common law countries. It was brought in from Hong kong at the beginning of the 1990s. So far it has become a popular form of buying house through collecting money in our civil money market of real estate. Transferring guarantee system derived from Civil Law. It's an old security system. With the development of theories and cases, it has become a universal security form in Germany and Japan. It develops in our judicial practice, such as Financing lease , Entry Guaranty Remittance, Receivable Factoring etc. With Thing Right law to enact, there are many disputes about whether transferring system could be included in Thing Right law. Our practical law doesn't state whether the mortgage of commercial house in transferring guarantee. This causes some confusion in our judicial practice. The purpose of writer is to explore the relationship between mortgage and transferring guarantee by comparing them, put forward the legal consideration of constituting these two systems, so as to benefit the law practice of our country.This paper mainly adopts comparing technique, contrasting these two systems in different countries and the differences between mortgage and transferring guarantee, to make suggestion for our legislation.Firstly, the leading part points out the origin of mortgage and transferring guarantee, and the present situation of them in order to put forward the tentative idea of this paper.Secondly, the text is divided into three parts. The first part compares the mortgage system in common law and the transferring guarantee in civil law, exploring the history of these two systems , to give us a preliminary understanding of two systems . In the next part the writer contrasts the two systems to get an idea that they are two different transferring guarantee systems, having different origin. Then the writer simply gives comments on their advantages and disadvantages in order to grasp these two systems , and to affect the founding of them in our legal practice . The second part compares mortgage and transferring guarantee in out country. At first the writer analyzes the introduction and present situation of the mortgage system as well as the developing status of transferring guarantee system. Then he contrasts these two systems in our country. From this we can find out that these two systems have certain development in...