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A Practical Study On The Effectiveness Of The Assignment Guarantee

Posted on:2021-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:S K ChenFull Text:PDF
GTID:2436330602997725Subject:Law
Abstract/Summary:PDF Full Text Request
The effectiveness of the transfer guarantee has been widely discussed in theoretical circles and judicial practice.At present,China has no formal legal provisions to regulate it.Only the Supreme People's Court issued the "Nine Minutes Minutes" in November2020 to explain the practical handling of transfer guarantees.However,it is difficult to solve the problem of the transfer guarantee from the root of the system only through the Minutes of the Nine Minutes,and there are still chaos in judicial decisions.This article first understands the transfer guarantee from the concept and characteristics.Then,through the analysis of the transfer guarantee and other systems,the doubts that the transfer guarantee has violated the relevant system for a long time are removed,and the conclusion that the transfer guarantee is comprehensive and effective is drawn.Finally,I provide suggestions and suggestions for the institutionalization and legalization of the guarantee in China.With a view to properly carrying out legislative regulations on transfer guarantees,it will play a greater role in practice.
Keywords/Search Tags:Transfer guarantee, Real right, Conspiracy hypocrisy
PDF Full Text Request
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