Study On The Legal System Of Makes And Guarantees

The system of alienation guarantee is an untypical guarantee system that developed gradually through absorbing Fiducia Theory in Roman Law by civil law countries (Germany Japan ,our Taiwan areas ,etc.) and needs transfer the rights of the subject .Because of its easy to trade and its meeting the demand of the social economy's developing ,many countries have widely adoped this guarantee form through its theories and practice. Nevertheless, controversy about the theories of alienation guarantee has not been ceased since this system come into being , so it is controversial as to whether alienation guarantee ought to be codified in the Property Law . This thesis (author) through analyzing the general idea , historical development and characteristic of the alienation guarantee demonstrate deeply its superiority ,nature ,display methods , the trend of security interest in our country ,and On the basis of exploring and comparing the system of alienation guarantee and other interrelated systems ,such as system of chattel hypothecation ,mortgage ,etc. ,this thesis insists that alienation guarantee is such a reasonable and feasible right of things of guarantee that can promote social turnover and transaction safety .We should rapidly confirm and build the system of alienation guarantee ,thus our market economy system is constantly improved.