The Research On The Issue Of Transferring Guarantee For Private Loan

As a atypical Private guarantee form developed in trial practice,Private lending transfer guarantee is favored by all parties for its convenience in procedure,flexibility in deal and extensiveness in application.Intense Discussion and attention followed by the release of “the new regulations enacted by the Supreme Peoples Court on some issues of law applied to private lending cases” reveals the special value in Private lending transfer guarantee.Due to the legal vacancy,the frequently occurrence of Private lending transfer guarantee in social transaction demonstrates its enormous vitality.The author of this paper thinks that the great popularity of Private lending transfer guarantee derives from two aspects.First,it originates from social practice rather than theory construction.Second,It has unique social functions.In practice,various verdicts on private lending transfer guarantee and social irregularity in this respect are widely criticized by people.In the author's point of view,as the deep development of globalization,it is social demand to make private lending transfer guarantee legalized.Taking the following selected 22 cases results as the the breakthrough,this paper makes analysis and comparison on whether various forms of guarantee are recognized.Based on the coexist of the system construction and the existing law,It offsets the absence of publicity by meas of adjustment and extension on recent publicity system.It is expected to make a consensuses and have a role play in private lending area that system construction generates effective regulation on private lending transfer guarantee.