Research On The Guarantee Of Retail Leasing Rights

In the past 10 years,in the large shopping malls in Jiangsu and Zhejiang provinces,there has been a new type of right as a guarantee for the lease of the shop,and loans to financial institutions(such as banks).The emergence of retail leasehold security and its widespread acceptance in the practice of the public is a manifestation of economic development.However,under the statutory principle of property rights,the retail leasehold right is not a statutory property right,which has caused concern and discussion: how to rationalize the legal nature of the retail leasehold guarantee in the current guarantee system,how to set up a store leasehold right,how to publicize it.It is the difficulty of the specific operation in practice to have the property rights and how to realize the rights.This paper considers that the retail leasehold security should be more reasonable and the right is based on the understanding of the provisions of Article 223,Item 7 of the Property Law.In order to adapt to the new types of security rights that continue to emerge in practice,promote economic development,and adhere to the statutory principle of property rights,a wide-ranging explanation should be made here.The establishment of the retail leasehold guarantee and the effectiveness of the publicity of the property are also the focus of this article.The retail lease pledge is established through the signing of the contract by the parties.When the contract is concluded,the main body,content and conclusion of the contract are mainly analyzed.The publicity of the leasehold right of the store combines the provisions of the Guarantee Law with the particularity of the retail leasehold right in practice.In this paper,the publicity method of the retail lease right should be registered.By setting up a specific registration agency to improve economic efficiency and reduce business risks.The paper analyzes the conditions for realizing the commercial tenancy rights,the analysis of the commercial tenancy rights and the related rights,and the methods for realizing the leasehold rights.