Research On The Effect Of Atypical Guarantee

With the development of socioeconomic, the mode and the process of market transaction are growing more complex. The existing security is difficult to meet the growing financing needs of the people. People create new kinds of guarantee to ensure that their creditors rights can be realized. The judicial authorities take a more cautious attitude in the judicial practice because they think that atypical guarantee is in violation of The Numerus Clausus and the liquid contract. The contradiction between the judge and people need is become more serious, so it is better for judicial if they know the effect of all kinds of atypical guarantee.This paper is divided into three parts, Introduction, the text, conclusion, the text is divided into four parts to introduce the effect of the atypical guarantee.The first chapter is atypical security overview. We discusses the meaning, characteristics, classification of atypical guarantee and the different between atypical guarantee and related concepts. Atypical guarantee are the new way of security in the property insurance beside the mortgage, pledge, lien and the atypical object which is belongs to the typical guarantee. Compared with typical guarantee, atypical guarantee has the characteristics like uncertainty and flexibility. The species and scope of the atypical guarantee are uncertain, the way to set up atypical guarantee and its realization are flexibility.The second chapter is atypical guarantee present situation. The atypical guarantee is classified as legal atypical guarantee and no legal atypical guarantee. The court judges the legal atypical guarantee by the existing law and approval the effect of the legal atypical guarantee. The views of the legal theory are the same with the court. The court and the views of the legal theory are different about the effect of no legal atypical guarantee. It can be divided three kinds : the one is positive, the one is negative, and others are supportive.The third chapter is the property effect of the legal atypical guarantee. The legal atypical guarantee is the same with the idea of guarantee and coincide with the basic principle of property law. It is good for protecting the special interests and realizing.The fourth chapter is analysising the effect of no legal atypical guarantee. First, the essence of on legal guarantee. Second, the no legal atypical guarantee is not violation with The Numerus Clausus and the liquid contract. The effect of non legal atypical guarantee should not be positive or negative, it should be concrete analysisedof concrete problems. The effect of non legal atypical guarantee depends on that non legal atypical guarantee meetting the conditions like not bad for the right of any persons, letting people know the right on the subject, the parties of the contract expressing their true feeling, and so on.