Research On The Legal Issues Of Assignment And Guarantee

Guarantee is the mainland legal system countries?regions) such as Germany and Japan on Roman law heritage trust behavior theory and absorb the Germanic law composition of trust,and gradually developed a kind of atypical guarantees system,can make up for the inadequacy of typical guarantee,have different from typical guarantee of particular social function.In the modern sense,the assignment and guarantee is not directly stipulated by legislation,and the guarantee system is developed by theory and case.It has been widely criticized for its concealment,the legal principle of real right and the conflict of the prohibition of liquid contract,and the harm of the interests of the debtor.But the author thinks that under the large background of the rich chattel guarantee mode,the movables should be transferred and guaranteed into a culture.This paper starts with the definition and nature of the concept of assignment and guarantee,and then analyzes the related issues of the assignment and guarantee.Since the setting of the assurety and the guarantor is a contractual relationship,it cannot be recognized as a property right and should be clearly defined in the debt law.In the end,the author puts forward his own views on the legislative body arrangement and construction of the guarantee.This paper is divided into four parts.The first part is to give an overview of the guarantee,which will be introduced with the concept of guarantee,the evolution of history,and the development of each country,which lays the foundation for the following discussion.The second part is to analysis of the nature of the guarantee,first of all to the classification of the theory,secondly on the basis of comparing various views is good or bad,in the nature of guarantee put forward personal opinions.;The third part expounds the necessity of establishing the system of surrender and guarantee,and compares the deficiency of traditional guarantee mode and the unique function of the new type of guarantee.Based on the current situation of legislation,the author points out that the reasons for the difference between the issue of assignment and guarantee are analyzed.The fourth part is the legislation conception of the system of surrender and guarantee.The paper discusses the way of making and guaranteeing the arrangement,the way,the effectiveness and the way of implementation.In this paper,the author puts forward some Suggestions on the arrangement of the guarantee system and the way of setting up the guarantee contract,and discusses the way of the guarantee and the validity of the guarantee.The above is the vein of the article,hoping that this will play a small role in the improvement of the guarantee system.