The Theory Of Lifting A Ban On Fluidity Contract

Due to the far-reaching influence of Roman law,most countries have adopted a ban on the effectiveness of the fluidity contract.However,with the development of economy and society,the parties in the civil and commercial field pay more attention to the efficiency of capital circulation and the convenience of the realization of rights.In the field of security interest,the absolute prohibition of fluidity contract not only restricts the autonomy of the parties,but also is not conducive to the full use of capital guarantee effectiveness.As a result,more and more countries began to think about the advantages and disadvantages of banning the fluidity contracts.Our country is no exception.In the social development range of the transition from consumer borrowing to financing,we need to re-examine the effectiveness of the fluidity contract.This article discusses the effectiveness of the liquidity contract and starts with the case of "buy-for-sale guarantee" in practice,which leads to the problems arising from the prohibition of liquidity contract.Furthermore,the reasons for the previous prohibition of liquidity contracts were analyzed,and the reasons for supporting the lifting of the liquidity contract were proposed.On this basis,the nature of the liquidity contract is re-examined from the perspective of the contract,and from this point of view,the constituent elements of the liquidity contract are analyzed to derive its scope of validity and its implementation,and a liquidity contract system suitable for China is constructed.The article is divided into five parts:The first part is the introduction.It introduces the purpose and intention of this thesis,literature review and research methods.The second part is the problem of the prohibition of fluidity contract.With case as the breakthrough point,this part mainly introduces the problems comes by the ban on the fluidity contract.The third part is the decontrol analysis of the fluidity contract.This part contains two aspects.On the one hand,this paper summarizes the reasons for the prohibition of the fluidity contract,and refutes these reasons on the basis of the summary.On the other hand,this paper also puts forward the reason that the fluidity contract can be lifted.Lifted reasons are discussed from two angles,the first is necessity,this part demonstrates that banning of fluidity contract has the realistic meaning to solve problems and perfect the system of security interest;Second is the feasibility,in the perspective of the origin and development of fluidity contract,this part analyzes the reason why in the period of Roman and Germanic take a different attitude on fluidity contracts,and argument to establish the feasibility of fluidity contract system to adapt to the situation of our country.The fourth part is the effect construction of the fluidity contract.Under the ground of above,this part analyzed the content of the liquid properties and constitutive requirements of contract,and in this paper the process fluidity contract compared with similar concepts are analyzed,and concluded its unique to differs from other legal concept of legal characteristics.On the basis of this,the effectiveness and realization of the fluidity contract are further discussed in order to construct its complete validity system.The fifth part is the conclusion,which is the summary of the whole article and the prospect of the system.