An Empirical Analysis On The Dispute Of Equity Transfer Guarantee

The guarantee of equity transfer refers to that the guarantor transfers his equity to the creditor,which is used to guarantee the performance of the debt.The guarantee method of equity transfer has stronger guarantee ability,more flexible and convenient way,and can better protect the realization of creditor’s rights.Therefore,equity transfer guarantee is more widely used by commercial subjects.However,there are no relevant laws and regulations on the guarantee of equity transfer in our country at present.Therefore,in the judicial practice,the frequency of disputes has increased dramatically,but for the settlement of disputes,different courts have different judgments,there are different judgments in the same kind of cases.This article mainly from the empirical point of view,collected the relevant cases,and explored the judicial practice for the effectiveness of equity transfer guarantee judgment point of view.Using the method of data analysis,this paper sums up the main problems in the dispute of equity transfer guarantee.Including the way to determine the validity of the transfer contract,how to determine the internal and external validity,and the judge’s opinion on the equity transfer guarantee.This paper analyzes the causes of the problems and puts forward corresponding countermeasures.In the case that the law has no relevant provisions on the guarantee of equity transfer,this paper provides some useful suggestions for the construction of the guarantee system of equity transfer through empirical analysis and summary.