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On The Effectiveness Of The Guarantee

Posted on:2017-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:S S DuFull Text:PDF
GTID:2356330503481651Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on the judicial practice in China, this dissertation is reconsidering the reasons of negative evaluation on the transferring guarantee system; clearing the legal construction of this system and analyzing the relevant concept of private law; identifying the ownership of rights and its influence to others, thus providing sources for establishing the transferring guarantee system. The main body consists of four parts besides the preamble, and the logics are clarified as follows, Chapter 1, the current status and identification of the transferring guarantee system. A summary of the results of Chinese judicial judgments will be given at first, analyzing the reasoning of these judgments and proposing questions. After that, the introduction of concept and elements of the transferring guarantee system is given, clarifying similar concepts.Chapter 2, the theoretical analysis of the transferring guarantee system. Firstly, the legal construction of the transferring guarantee system is explored, comparing the benefits and weaknesses of several doctrines. Therefore, the basis for latter argument is founded. Secondly, analyzing the concept of private law such as autonomy of will and trust benefit protection. According to this analysis, identifying the ownership of rights. Chapter 3, the internal legal effect of the transferring guarantee system. This part mainly focuses on the scope, rights and obligations of guarantors and guarantees. Besides, the ownership of items, the claim of retracting rights of guarantor, the realization of the rights of guarantees, and the relationships among parties are investigated. Chapter 4, the external legal effect of the transferring guarantee system. This chapter does a research on how to protect the third parties. In particular, it contains the influence to the third parties resulting from disposing items, the influence to parties caused by infringement made by the third parties, the relationship between the creditors of guarantees and guarantors. Hence, the effect to the third parties are examined.
Keywords/Search Tags:the autonomy of will, the principle of publicity and public trust, the transaction security, the internal effect, the external effect
PDF Full Text Request
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