Regard To The Legislation With The Guarantee System

The market economy is the economy of credit. And the security law is to set up the "credit", in order to offer an effective financing way. The security system changes with the development of market economy. But as the security system is complicated in its practice, the typical security cannot meet the requirements of the society, thereby promotes the booming nontypical security. And the issues such as how to consider the typical or nontypical security, and when to typify a kind of nontypical security, are to be studied according to the social development. Because the transferring security is an important kind of nontypical security, it draws the attention of the students as the real right law and the civil code are being drafted in our nation. And the issue of whether the transferring security can be prescribed as a kind of typical security is being disputed. The author tries to make a study on the basis of researches on the transferring security system and the current legal system and social requirements, setting forth that the transferring security is not a perfect kind of security interest to be stipulated by the acts. The organization of the dissertation is as follows: what is the transferring security; why it is only recognized by case law; and whether it meets the requirements of the legislation needs and the practical foundation.The first part is the historical review of the transferring security. The author researches the sources of the transferring security and its development in countries and regions such as Germany and Japan.The second part is the general theories of the transferring security. The author analyzes the definition, legal characteristics and legal structure of the transferring security, comparing the transferring security with other legal systems, in order to clarify the connotation of the transferring security.In the third part, the author analyzes from the perspective of legal system the position of transferring security in the current legislation. The author firstly introduces how transferring security is recognized by case law, and then analyzes the reason herein from the perspectives of common law, of public summons means, and of pledge contract.In the fourth part, the author discusses from the practical requirements the necessityto recognize the transferring security from the following perspectives: harmony between the transferring security and chattel mortgage; and whether the transferring security can cover the mortgage.The fifth part gives the conclusion. The author does not think that it is nowappropriate to stipulate transferring security in the acts, considering both the systemitself or the practical requirements.