The Effective Of Equity Guarantee

Nowadays,with the development of society,private lending in China has become more and more active,and it is precisely because of this that equity guarantees have been created.Moreover,through the analysis of many related cases,the author can find that as time passes,disputes arising from equity guarantees appear more and more frequently,and at the same time,equity guarantees have gradually become A kind of guarantee that is common in our daily lives.However,in fact,there is no corresponding provision for such guarantees in the relevant laws of our country.It is for this reason that in practice,often different courts often have problems with the effectiveness of the guarantee.The same view.By analyzing the cases related to it,the author knows that most courts recognize the validity of the guarantee.Generally speaking,in the internal relationship,the security right holder cannot be a true shareholder,and thus cannot truly enjoy the relevant rights of the shareholders.It is only a superficial "shareholder".Of course,this practice is actually It also imposes certain restrictions on the creditor's claims;in external relations,because of trust protection,its general treatment will protect the interests of bona fide third parties.In fact,in real life,according to the logic of the referee that already exists,it is impossible to form a unified referee's rule,and in fact,the guarantee does have the suspicion of colliding with the legal right and prohibiting the liquidity.Therefore,our judicial judgments need to further clarify the logic of the equity transfer contract according to the logic of separating the motivation and actual content of the relevant meanings.It is also necessary to follow the logic of exercising rights and truly distinguishing rights.To clarify the relevant internal and external effectiveness of equity transfer.