The Atypical Guarantee Of The Bank From The Perspective Of Bankruptcy Law

With the increasing diversification of financing modes,various types of atypical guarantee system are also booming in the financial field.In the practice of the debtor’s bankruptcy case,the atypical guarantee mode has greatly weakened the guarantee protection effect to the creditor because of the lack of clear legal regulation basis.The author thinks that the application of the atypical guarantee in practice has its own theoretical basis,and it should not be negated simply and brutally,especially in the light of the breach.In the case of production,the identification of the atypical guarantee should be based on the characteristics of the economic activity itself,and the 6 parts are expounded in this paper.The first part leads to the problem of the case of the right of bankruptcy and revocation.Through the introduction of the views of the first instance and the court of the second instance of the case,and the comparison of the classifications made by the author through the retrieval of the same cases in the province of Zhejiang by the author’s retrieval of the same cases in the province of the judiciary,the judicial practice in Zhejiang is not typical of the insolvency proceedings.The mainstream view of sexual guarantee is analyzed.The second part discusses the development and practice of the atypical guarantee system in the financial field,mainly from the reasons of the development of the atypical guarantee in the financial field,the manifestations and legal attributes of the atypical guarantee in the bank financing business,the common analysis of the trade financing business and the special consideration of the non typical guarantee in the financial field.And other aspects are expounded.The third part discusses the legal regulation space of the existing law to the atypical guarantee system,analyzes the trend of the new related laws and judicial interpretations in recent years,compares the atypical guarantee mode under the perspective of the existing civil law and property law,and makes an analysis of the existing legal basis of the SARS guarantee.Analysis.The fourth part analyzes the obstacles and difficulties in the determination of the atypical guarantee in the judicial practice in the current bankruptcy procedure,and puts forward the theoretical path of the breakthrough,and focuses on the analysis and discussion of the interaction between the conflict and the challenge of the atypical guarantee and the bankruptcy procedure.In the fifth part,the author puts forward some suggestions for the bank’s deduction behavior under the atypical guarantee in the bankruptcy proceedings.From the analysis of the application principle of the atypical guarantee mode in the bank financing business,this paper analyzes the problems existing in the non typical guarantee of the bank by the bankruptcy practice circle,and finally puts forward the feasible opinions and solutions.The sixth part is a summary of the full text,and summarizes the author’s views on the atypical guarantee in bankruptcy cases through four core issues.