The Research On Guarantee Set By Contract For Loan

As a kind of non typical form of guarantee in China,the guarantee set by contract for loan has been favored by the practice because of its simple procedure and flexible application.Although the scholars of our country put forward different theories to explain this guarantee,such as transferring security or new transferring security and so on,but it is still controversial about how to determine the nature and whether there is an independent space for it.In fact,no matter transferring security or new transferring security,they all belong to transferring security.Considering the true will of litigants,the guarantee set by contract for loan also belongs to transferring security.This paper choose comparative research methods and screen this 35 relevant cases to analyze controversy focus.In contrast with guarantee theory of Germany and Japan,try to study the nature of the guarantee set by contract for loan from the theory and its structure.Through the legal interpretation to explore the feasibility and effective space for the coexistence of the security,and through the adjustment and extension of the existing publicity system,make up for the lack of publicity of the system.The principle to control and regulate the construction of the rights of the parties were summed up and straightened out,solve the dispute and the risk existing in the system,promote to play its advantages in real estate secured areas through the effective regulation.