A Study On Trading-based Gurantee In China

Trading-based gurantee is one of the new type of non-typical guarantee,and it is also one of the guarantee forms widely used in economic and social life.The purchase and sale guarantee provides convenient guarantee for enterprises and individuals that need financing urgently,and has never solved the problem of financing difficulty to some extent.Is business model guarantees exist guarantees the advantages of the program to set up a convenient,but admitted its effectiveness still exist certain obstacles,including on the applicable law are in conflict with the existing legal provisions,may cause problems such as creditors profiteering and jeopardizing the interests of the debtor.In order to give full play to the advantages of the trade guarantee and solve its own problems,this paper carries out the research on the validity of the trade guarantee,which is divided into five aspects:The first part is the logic premise of the discussion on the validity of the sale guarantee,namely the concept definition of the sale type guarantee.In this part,the author analyzes the concept and characteristics of the sale type guarantee.Based on the case analysis,the author finds that the sales type guarantee has the following characteristics:1.2.The subject of the purchase and purchase guarantee has multiple identities.3.The subject matter of the sale and purchase contract is usually the ownership of the uncompleted commodity house or the right to the use of the land,and the parties have already made the pre-announcement registration procedure or the record.4.The value of the subject matter agreed in the sales contract is usually far from the actual market value.The second part is the analysis of the nature of the sale and purchase guarantee and its effectiveness analysis.In this section,the author combed the related theories about the nature and effectiveness of the sale-type guarantee and made a corresponding analysis.Through analysis,the author believes that the purchase-and-sale guarantee belongs to the guarantee of things.In addition,the author analyzes the necessity and feasibility of buying and selling guarantees,and concludes that transaction-type guarantees should be recognized as valid guarantees.The third part and the fourth part are the problems in the sale-type guarantee and the solution to the problem.The above issues include legislative issues and judicial issues.There are vacancies,inadequacies and contradictions existing in the existing legislation at the legislative level,as well as the inconsistency of the rules of adjudication existing at the judicial level and the possibility of damaging the interests of creditors during execution.