| In the ear of rapid development economic globalization, market economy legal system construction directly affect the speed and quality of a country or a region’s economic development. With the current economic exchanges are increasingly developed, the role of security system is the more prominent Guarantee evolved from a simple creditor protection tools for both the security function and financing of media tools. In this economic context, transferring guarantee played an active role in society transferring guarantee, because its unique character, although the advantages of traditional guarantees system can not match, but from civil law countries, only by case to recognize the validity of the transferring guarantee since the practical application. It has never been explicitly incorporated into the statute books, because of which legal constitute is complexity and the theory is not perfect.This paper relates to a case of primary is the debtor will housing ownership as the debt contract subject matter of security, within the agreed time limit due to the debtor fails to repay the debt, the parties have the ownership of the house has sparked controversy. To the dispute, this paper firstly analyzed the two sides signed the agreement properties, then the case involving the guarantee contract whether to constitute the transferring guarantee. Then from the agreement analysis proceed with, if the contract constitute the transferring guarantee in our present legal system.Finally, making the rights clearly and obligations of the parties, housing ownership dispute is resolved.In this paper, combined with the actual case, also put forward the system of transferring guarantee advantages and the existing problems, analyzes the legal system of the transferring guarantee and legal structure, in order to be able to guide the judicial practice of the theory, in the practice of inspection theory, promote each other, to find out a reasonable way to build the system of transferring guarantee. |
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