Study On The System Of Transferring Guarantee

The Supreme People's Court promulgated a judicial interpretation of private lending,of which article 24 is considered to be a requirement for granting a guarantee.However,since the provision only deals with the situation of private lending,and does not directly explain the guarantee.it raises the thought of establishing a guarantee system.There are four parts of the text to discuss the guarantee system.The first part is an overview of the assignment,first by summing up the legal characteristics of the guarantee.Second,we will compare with the guarantee and commercial housing mortgage system,chattel mortgage system.Although similar with the relevant system,the unique advantages of the guarantee to determine the existence of its rationality.Finally,through the needs of the market economy summed up the beneficial role of the guarantee.The second part focuses on the current view of the nature and effectiveness of the guarantee.One is that the nature of the legal profession,including the composition of ownership and the composition of the security right,and two kinds of legal effects,including effective and ineffective.The second is the trial practice in the assignment of security disputes to deal with the situation.The author summarizes the seven cases in the real estate concession guarantee,the movable property letting guarantee,and the right to guarantee,and summarizes the reason of the court in the case of invalidity and validity of the guarantee.The third part is the author's point of view,by confirming that the guarantee does not belong to the conspiracy hypocrisy,does not violate the prohibition of liquid and the legal principle of property.This article that the guarantee has a guarantee property,and the typical security rights should belong to the same security system.The fourth part is about the guarantee system,which includes the form of legislation,the publicity system,the principle of liquidation and the validity of the guarantee in different circumstances.