On The Assignment Secure System

Let with the guarantee is country and so on mainland legal systemGermany date follows in the Roman law the trust behavior theory andbuys in the Germanic law the trust ingredient, develops guaranteesystem one kind of non- model by way of the legal precedent theory. It(property rights) shifts the way take the litigant according to theright to achieve the guarantee credit to give and receive as thecharacteristic. Because lets with the guarantee is the guarantee waywhich the civil law did not stipulate, moreover this way whileeffectively eliminates the creditor's rights risk, actually gave thedebtor and the ordinary third person because of its shift sign thingproperty rights legal outward appearance and creditor sudden and hugeprofits behavior Yi Faxing has brought the new risk, therefore thissystem had and in the developing process in it, bitter experiencevarious countries educational world intense critique. However, letswith guarantee the system to have the huge superiority by its itselfwhich is other model guarantee real rights is unable to compare,already became country and so on German date guarantees in the solidservice by the frequent use guarantee way. In recent years, ourcountry real estate industry introduction according to uncovered thesystem, this kind of commodity apartment or the building according touncovered the way, it may be said was our country lets seed of withthe guarantee system. The real estate according to uncovers the wayletting with the guarantee, because its concrete rationale not yet isclear about in our country land area with the consummation, not onlycauses the solid service operation to be short of standard, moreoverit also receives using the scope enormously limits. Therefore, perfectour country lets with the guarantee system imperative.So-called lets with the guarantee, is refers in may achieve the creditthrough the transfer as the guarantee sign thing property rights togive and receive the goal in the system, gives the letter (creditor)to have the request to return the financing capital the right,(debtor) has not been able to return when the addressee, firstreceives one kind of special thing guarantee system on this sign thingwhich recompenses. This article to lets carry on introduction with theguarantee system showing, reorganized about has let with the guaranteeconcept in the confusion, straightened out lets with guarantee withsells crosses the difference and the relation which the guarantee, themortgage, pawned, indicated the house according to uncover the systemnamely to let with the guarantee, explicitly limited has let with theguarantee significance.Through to lets carries on the inspection with the guaranteehistorical origin and its in the various countries' legal systemevolution course, explicitly lets with guarantee in the time dimensionand the spatial dimension various changes situation. Brief reviewguarantee real right developing process, its main experience followingevolution: At first in the Roman law thing guarantee shape is trustFiducia, it is one kind realizes the creditor's rights guaranteefunction system through the shift property rights; After that appearsas the limit real right but does not shift the property rights to holdthe nature or the mortgage, two all may the movable property or thereal estate takes the sign the thing. The guarantee real rightevolution course develops the modern times up to, it may be said is"from the property rights to circumscribe the real right" movement.About lets with the guarantee nature, coexists in three theories,namely lets with the guarantee property rights say, let with theguarantee guarantee power mediate lets with guarantee compromisedsaid. The property rights said the main attenion to the debtor transfer sign thing property rights to creditor's legal form, but guaranteesthe power to say pays great attention to the debtor transfer sign thingproperty rights to creditor's economical goal namely it took theguarantee creditor's rights the substantive function, compromised saidis situated between two between. Through to the property rights natureanalysis, this article indicated has let with the guarantee althoughadopted the shift property rights the outward appearance form, butbecause it truly shifted the sign by no means the thing propertyrights, therefore also was not unnecessary to treat it as the propertyrights person's right, but should let is one kind with hypothec andpawns with the guarantee determination the compound guarantee realright.This article analyzed our country to set up lets with guarantee thelegal system the necessity and the feasibility, simultaneously hadpointed out criticized the system to eliminate between litigant'ssudden and huge profits behavior, safeguarded lets with guaranteelitigant's in internal relations rights and interests balance. Thisarticle buys in the guarantee power to say advocated letting withguarantees male shows the method, and the union registration system,devotes to the design both may realize male shows the function and tobe able to satisfy the litigant to save the cost and to prevent thesudden and huge profits economy male shows the system; Simultaneouslydesigns reasonable letting by to save the transaction cost with theguarantee good procedure, to the time establishes quiteappropriate letting with the guarantee system. Our country must set upand mortgage, pawns and leaves alone compound letting with theguarantee system, makes up our country "Reality of laws" center toguarantee insufficiency of the system. To sets up our country to letwith the guarantee system, this article propose our country lettingshould divide into four parts with the guarantee system: Namely letswith the guarantee hypothesis; Let with the guarantee potency; Letwith the guarantee implementation; Let with the guarantee elimination.