Research On The System Of Alienation Guarantee

In recent years,in the field of private lending,housing loan contracts have been used as collateral for borrowing more and more,and the disputes arising therefrom have also taken place frequently.The alienation guarantee system involved behind such disputes has not been formally established in our country.Whether it should be enrolled in law or not has also been disputed by academics and judicial practitioners.On the one hand,with the rapid development of economy and society,the mode of operation of alienation guarantee is widely used,which has the unique advantages of high efficiency and convenience and cost savings compared with typical security interests.On the other hand,as China does not stipulate it in the legislation,the judicial opinions of the Supreme Court in handling such cases are vague and wavering,and the current judicial interpretation deals only with such cases as ordinary private lending.As a result,there are many contradictions between the law's own lag and rigidity and the development of social and economic practices.Under this background,it is necessary to set up the transfer guarantee,complement each other with the advantages of its innovation,flexibility and efficiency and convenience,perfect the legislation,solve the practical difficulties and jointly regulate the dispute over the guarantee contract.Therefore,on the basis of clarifying the process of making and guaranteeing domestic legislation,this article conducts an in-depth study of the system in order to prove its necessity and feasibility.Part ?(Chapter ?)firstly defines the connotation of the concession and summarizes its innovation distinguished from the typical guarantee.To guarantee the transfer of the ownership of the subject matter to the creditor as the setting method,to fulfill the obligation that the debtor will not perform the repayment due,avoiding the complicated procedure and saving the transaction cost.Secondly,on the premise of clarifying the meanings of alienation guarantee,this article explains the status quo and limitations of the legislation on assignment and guarantee in our country,and then analyzes the frequent domestic and international background of disputes over the guarantee contract.In China,the rapid social and economic development,national economic restructuring and upgrading,SME financing more and more obvious problems,the real estate industry has become an indispensable capital reservoir,housing transaction volume surge,mortgage system introduced.Internationally,exuberant financing needs,coupled with the drawbacks of the existing rules of bank credit,give rise to guarantees and emerge as the times require,and have gradually been recognized by the precedents and have gained a legal status.Finally,summarize the views of the Supreme Court on the judgment of the dispute over the alienation guarantee contract in recent years.In different judgments,the opinions of the arbitration agreement fluctuate and are ambiguous negative.Part ?(Chapter ? to Chapter ?)takes the main academic point of view of transfer and guarantee in our country as the analysis starting point,makes a comprehensive comparison and comparison of the main theoretical points of view,such as the mortgage,the repayment of the substitutes,the hypocritical and the right to expectation.Clarifying the support for the right to expect.On this basis,the author analyzes the positive meaning of the guarantee system.The establishment of the allow and guarantee system is of great benefit to the improvement of the existing legal system in our country.The establishment of the system accords with the requirements of law and economics and can reduce the crime rate of related criminal economy.Finally,from the perspective of legal reference,we review the trend of setting up the transfer and guarantee system.Part ?(Chapter ?)concretes construction of our country to make surety system.First of all,analyze its type and subject matter,and guarantee does not belong to the "PRC Property Law" provisions of the type of security,as long as the transferable property or property rights can become the subject of transfer and guarantee.Secondly,to clarify the necessity of codification of the civil code as the regulatory model,this article will reconcile the basic principles of security and property law and analyze that the guarantee does not violate the Prohibition of Liquid State Contract.Finally,based on the specific classification of the subject matter,the disclosure of the assignment guarantee is achieved and the liquidation is achieved through the change of price or the fair valuation.