Study On The Application To Relinquished Security

In some cases,compared with legalreal rights for security,relinquished security has certain superior function.Relinquished security has been used more and more,which guarantees for the enterprise and individual financing.In the judicial practice of China,relinquished security has been recognized as a kind of non-typical guarantee.From the point of the situation in our country,compared with the typical real rights for security,relinquished security is created for the guarantee in the practice of market,based on the practical needs,and accepted by all parties.Relinquished security is actually a conceptual summary based on practical application.The relinquished security is a way of guaranteeing the realization of the creditor’s right by the transfer of ownership of the subject matter or the transfer of other rights.In other words,relinquished security is actually the guarantee mode by guaranteeing the rights of the subject matter transfer,guarantee the subject matter and the separation of the debtor or the third party liability property,to make the property of the debtor or a third party from because of the debtor or the third person to other debt value loss,to ensure security right of creditor’s rights effectively.The application of a certain system should be based on its own legitimacy and logical.That is,we should fully understand the basic theory,combine with the practical need,and make the definition clearer.Relinquished security is based on the practice and summary of the application and become a kind of non-typical way.Due to a lack of unified definition,types,definition,applicable regulations,etc.,relinquished security in practice lack has not yet formed a unified understanding and theory,which makes more disputes.In order to effectively solve the problems,we should find a comprehensive way from the perspective of cognition and judicial practice.This paper applies a variety of analytical methods such as comparative analysis and value analysis to study the application of relinquished security.This paper starts from the typical case,and give an understanding about the specific applicable conditions of guarantee and court judgment point of view.Through the analysis of the court judge point of view,underthe premise that the type has been recognized by the judicial practice,the meanings,characteristics,the related concept of comparative analysis and the function of post relinquished security have be discussed in this paper.Through the analysis,the author believes that,in the process of the specific application,the system framework and its property should be made clear.At the same time,the nature of relinquished security is a kind of real rights guarantee,which means,it should be in accordance with the provisions of the general real rights for security,and also needs announcement.In the applicable rules,this paper emphatically discusses the regulation framework,the dependency problem,the public issues,the right to use,management obligations,and the debt repayment method.