The Research Of Post Transferring Guarantee Legal Issues

With the sustained and rapid development of our economy,the difficulty of small and medium-sized enterprises' loan financing is increasing,which poses challenges to the development and safety of society economy,key issues like banks set up a higher loan threshold requirement for small and medium-sized enterprise,and the loan process is tedious,which make most of the small and medium-sized enterprises difficult to make decisions to loan.Meanwhile,with the keen competition of the market economy,without financing,it' s a huge threaten to enterprise survival.A new trading habit gradually formed during the trading process among real estate enterprises.That is in the name of housing sales contracts for guarantee financing—Post Transferring Guarantee.Compared with the ordinary guarantee,the Post Transferring Guarantee have independent value and advantage,but there are also legal risks.It is necessary to analyze the rights and obligations of the parties involved in the Post Transferring Guarantee contract and to make clear the publicity and liquidation procedures.Supreme people court on some issues of applicable law in private lending cases regulations in article 24 of the circumstances specified in belongs to guarantee,which performs reference value to Post Transferring Guarantee.But the priority of creditors should be further clarified.Should guide the market subjects and judicial officials with a further understanding of the rules and the significance of application of Post Transferring Guarantee,and make it sense.