Research On Legislation Of Guarantee For Transfer In China

Guarantee for transfer is a kind of non-representative surety system which developed from precedent and law theory in civil law system countries. Creditor' rights can be assured by transferring the droit of the guaranty beforehand. It has very hearty vitality for the guaranties' universality and quomodo's agility so that it can make up the limitations of the traditional surety system. With the rapid development of economy in China, it is necessary for us to restrict the guarantee for transfer by legislation. We must solve several important basic academic issues before introducing guarantee for transfer just as follows: the character,the outward revelation,the effectiveness of the guarantee for transfer and the way for restricting the guarantee for transfer. This paper argues that the way how to solve the problems above and table a proposal for the legislation of guarantee for transfer based on the overseas legislation and precedent and our countries' fact.