On Guarantee Real Right

Guarantee real right system is an organic component of real right legislations, an important legal system to ensure credit in today's civil and economic life. It has significant meaning for ensuring the safety of dealing, capital mobilization and the efficient allocation of resources. In making real right legislations, it is necessary to research in depth the relevant theories of guarantee real right as well as its hotspots and difficulties.This thesis is devided into four parts as follows.â… . On the nature,characteristics and functions of guarantee real right. The property of guarantee real right is that it belongs to real right in nature, instead of creditor's right; it has such characteristics as attachment, retroactivity ,subrogation and undivision; guarantee real right is the best guarantee system with regards to its functions, as it has the function of capital mobilization. This part analyzes the historical development of guarantee real right system. Guarantee real right as a system began in the slavery society, and with the development of the commodities economy, it has also undergone some changes. It gradually came into its being in the west in modern time with the fine examples of Code civil des Fran?ais and German Civil Code. Code civil des Fran?ais prescribes the guaranteeing forms of pledge right, priority right and mortgage right and differentiates personal property pledge right and real property pledge right. The uniqueness about this code is that it first established the priority right system. German Civil Code differentiates the forms of credit guarantee of guaranteed by guarantors and guaranteed with one's property.This part also discusses on the historical development of guarantee real right system in China. According to historical proof, pledge right came into being as early as in the Han Dynasty. Then pawnage right appeared in the period of the Three Kingdoms, Wei, Jin, Northern and Southern Dynasties. Guarantee right in modern terms follows the rules of the civil codes of Germany, Sweden and Japan. In 1995, Guarantee Right of the People's Republic of China is promulgated, symboling the initial establishment of China's guarantee right system. At the...