The Research Of Establishment Of Car Transferring Guarangree

Transferring guarantee, refers to the debtor or third party guarantee the debtor's debt, will guarantee the subject matter of the ownership transfer the rights to the creditors, return the ownership right of the subject to the debtor or the third party, under condition that the debt nonperformance, guarantee right of priority for security will be executed transferring guarantee is a kind of nontypical real right, written law at present is not available so far,as long as case and customary law issued nothing clear about transferring guarantee; in the practice process of the auto loan business, the traditional guaranty way---hypothec, exposed the following disadvantages in resolving the auto loan bad assets : the realization of auto hypothec spend exaggerated time of guartantee ?litigation costs and expenses high?low efficiency. Those factors resulting in various constraints for the healthy development of the auto finance business. With the establishment of transferring guarantee in auto loan, those disharmony factors will be improved instantly.Considering auto finance hypothec disadvantages in the practice, combined with Germany, Japan and other countries in the transferring guarantee system, China should realize the transferring guarantee in auto finance, from the substantive law and procedural law provides fully support, its liquidity efficient and convenient will accelerate e the capital turnover efficiency, reduce the auto finance companies?the debtor,?the expenditure of social justice.