Research On Alienation Guarantee

As an atypical guarantee system,the alienation guaranteee originated from the trust activity in Roman law and Germanic law.However,due to the fact that China's Property Law does not explicitly stipulate the type of guarantee,and the contract law also stipulates the prohibition of liquidity mortgage.Judicial practice does not uniformly recognize and determine the effectiveness of the transfer guarantee.There are different views on the effectiveness of this atypical guarantee in theory and whether China should establish the transfer guarantee system.alienation guaranteee system is different from post-alienation guaranteee,transfer guarantee,retention of ownership,chattel mortgage,liquidity and other related systems.It is an atypical guarantee system.It can not only break the dilemma of typical guarantee registration,promote the occurrence of loan relationship,enrich the existing guarantee methods,but also realize the full use of collateral,reduce the cost of secured transactions,effectively help debtors and creditors to consider a variety of factors comprehensive,maximize benefits in an agreed way,effectively alleviate the risks caused by time costs and cumbersome procedures,and optimize them.The functions of the conversion process between the two parties are also discussed.alienation guaranteee system is different from post-alienation guaranteee,transfer guarantee,retention of ownership,chattel mortgage,liquidity and other related systems.It is an atypical guarantee system.It can not only break the dilemma of typical guarantee registration,promote the occurrence of loan relationship,enrich the existing guarantee methods,but also realize the full use of collateral,reduce the cost of secured transactions,effectively help debtors and creditors to consider a variety offactors comprehensively,maximize benefits in an agreed way,effectively alleviate the risks caused by time costs and cumbersome procedures,and optimize them.The functions of the conversion process between the two parties are also discussed.However,neither putting the transfer guarantee into the real right code of the Civil Code nor the creditor's rights law can solve the problem of the transfer guarantee perfectly.Therefore,we can draw lessons from Japan's Fake Registration Guarantee Law to legislate the transfer guarantee separately,and carry out the concepts,nature,validity,publicity method and liquidation procedure of the transfer guarantee.