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Research Legal Issues On Trading Style Guarantee

Posted on:2016-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:X P TengFull Text:PDF
GTID:2296330482954435Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the social security in our country has been widely used. It is not expressly stipulated in the law of real rights and security. There are different opinions and attitudes about buying and selling. In the judicial practice and academic circles,there are different views and attitudes. The contract is not valid. But the contract is not valid. The contract is valid, and the contract is valid. On the legal nature of the sale of security, there are real estate collateral, credit guarantee, as well as after the transfer of security and more than a few kinds of security are not the same, the sale of collateral without further registration, subject matter can also be the future of the real estate collateral for housing ownership and non credit, sale of debt in a timely manner to be repaid, and therefore should not be called after the security is a new atypical collateral. As to the relationship between the legal principle of buying and selling security and the legal principle of property rights, there are two kinds of viewpoints.In fact, the law of real right is not allowed to create a new property, but the property right can overcome the rigid legal principle. After the expiration of the guarantee, the right of security can be realized by the non litigation procedure of the court, and the security interest can be realized by the way of the discount. Sale of collateral for housing can be directly to the housing registration notice registration as its publicity method, so that third people can clearly understand the object of the right, the third can be chosen, if you know that the right to bear the transaction, it can not get housing ownership, only through the sale of the contract is a contract of third people is subjective, so that the protection is fair, and this sample can better play the advantages of easy and quick sale of the sale, but also to ensure the smooth progress of the transaction.
Keywords/Search Tags:Trading Style Guarantee, Post-Transferring Guarantee, Property Rights Easing, Transferring Guarantee
PDF Full Text Request
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