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Empirical Study On The Effectiveness Of Assignment Guarantee

Posted on:2020-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:X R KangFull Text:PDF
GTID:2416330572986450Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,this new way of guarantee in this guarantee to the civil and commercial activities,the security model is implemented by means of transfer ownership to the creditors claim secured the purpose of the decade,the relevant guarantee cases emerge in endlessly,but did not expressly guarantee of legal system in our country,and whether there is a violation of the doctrine of numerus guarantee liquid clause bars,studies of its effectiveness has been debated endlessly,the court for the effectiveness of the guarantee that there are differences The author from the perspective of jurisprudence,the judge handling disputes,summarized the train of thought,guarantee to find the logical thinking from different points of view,combining the domestic and outside academic research experience,to guarantee the effectiveness and the resulting a series of problems,such as collateral delivery of property rights of the public as well as the realization of the liquidation of the real rights for security,etc,in order to establish the judicial judgment in the future are relatively unified rules of the referee Transfer guarantee and its rapid development take root in our country,no matter whether transfer guarantee can be included in legislation in the future,we should face up to the role of transfer guarantee in civil and commercial activities,so the empirical study of transfer guarantee is essential.
Keywords/Search Tags:alienation guarantee, judicial adjudication, numerus clausus, fluidity contract, extraterritorial experience, publicity, liquidation
PDF Full Text Request
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