The Judicial Treatment Of The Transfer-characteristic Guarantee

Along with the development of society and economy,The entity of the market has great demand on financing and constantly reinforce.The transfer-characteristic guarantee,a main form of financing guarantee,has been accepted by most of the market entities and abound in practice.But compared with the traditional and classical style of guarantee,it has great obstacles in the practice.The lack of laws and regulations on it,is the main reason.And also there are many disputes on theory and practice of transfer-characteristic guarantee.This paper used the method of theory and practice,and explored the ways to solve the problem from the perspective of practice.Consequently,this article is provided with significant theoretic and realistic sense.The paper is based on a real case in life,I defined the Legal attributes of transfer-characteristic guarantee through the analysis of a special form of guarantee which providing guarantee for contract for loan of money by sales contract.And also defined the nature of the subject matter of transfer-characteristic contract.And making clear that the houses which is unified planning and construction can be contractual.I give some suggestions on the judicial treatment of transfer-characteristic guarantee by analyzing previous cases.I provided some suggestions and ideas on the institution of transfer-characteristic guarantee combined with the regulations Private Lending Judicial Interpretation of Supreme Court.