Study On The Effectiveness Of The Transfer Guarantee

Since the 1979 reform and opening up,China has gradually established a socialist market economic system,this system has effectively promoted the economic and social development in China.With the continuous development of the economy,a substantial rise in the financing needs of enterprises,an important condition to restrict or promote the development of enterprises.Enterprise financing difficulty becomes a problem as the economic activities of the individual,in the choice of financing,will always weigh as much as possible to reduce its financing costs.In a variety of ways of financing guarantee,which has enhanced the collateral financing function and showed great advantages,and its high flexibility.The characteristics,has been widely welcomed by the market,to a certain extent promoted the development of China's socialist market economy.However,China's property law provides no guarantee of this form,which caused widespread concern and debate in academic circles,the transferring guarantee effectiveness as the research object of analysis,in order to enrich the guarantee theory.At the same time,through the analysis of the cases in judicial practice,the treatment without legal basis conditions,put forward their own views,aims to provide some reference for the judicial practice.This article from the related cases in China and the security of the transferring guarantee theory and judicial practice,and these disputes in accordance with the case of transferring guarantee validity decision results are classified and analyzed,and then summed up for the academic debate.The effectiveness of transferring guarantee through the analysis of cases,the guarantee in the judicial practice of cognizance the current confusion,mainly recognized the validity of the contract and the effectiveness of the right of softening two ideas,the author thinks that the trial practice of transferring guarantee transactions,is not simply a violation of the principle of statutory real meaning and negate its effectiveness,should further clarify the effectiveness of real right,by clarifying the effect of property To solve the problem that the priority that the claim.In addition,because of China's property law does not expressly guarantee system,therefore guarantee facing the adjustment way.In practice,the guarantee system is efficient,convenient,and can meet the market economy higher requirements.So I think at present,perfecting the transferring guarantee system in our country should be the legal principle of property right "as the foundation,to perfect the legislation,supplemented by other methods,develop appropriate mitigation measures.