On The Judicial Practice Dilemma And Solutions Of Post-transfer And Guarantee

In 2013,some scholars proposed that the parties guarantee the private loan contract by signing a contract of sale and purchase,and agreed that when the debtor fails to perform the debt,the creditor may,in accordance with the contract of sale and purchase,request the debtor to perform its contractual obligations in order to obtain ownership of the subject matter as a concession and security.In 2015,Law Interpretation[2015]No.18 was introduced,in which article 24 also referred to this form of security.From the point of view of practice,it is beneficial for real estate enterprises to withdraw their funds,but because this kind of guarantee is not mine There is some conflict between the typical security right in the system of national property law and the basic principles of our country’s property law.Based on the existing theory,combined with the relevant judicial cases,this paper studies the difficulties of judicial practice in China,and puts forward some suggestions for solving the related problems by examining the experience of other regions.In addition to the introduction and conclusion,this paper is divided into five parts:the first part mainly discusses the proposal of the concept of post-concession and security and its relationship with article 24 of legal interpretation[2015]18,and analyzes the conflict between it and several basic principles of property law in China.The second part shows the judicial practice process and present situation of the post-grant and guarantee with the help of the case study.The third part,through the induction of judicial practice phenomenon,clarifies the specific judicial practice dilemma faced by the guarantee,including theory,practice,supporting system and so on.The fourth part focuses on Japan and Taiwan in view of China’s current predicament the relevant supporting system experience of the district to provide ideas for the establishment of supporting system in line with the national conditions of our country.The fifth part,aiming at the main problems in the judicial practice of our country,puts forward some solutions from the aspects of promoting the transformation of theory and practice,unifying the thinking of adjudication and establishing a supporting system,in order to let the post-grant and guarantee in practice really play a role.