A Study On The Legal Effect Of The Guarantee Of The Rental Rights Of Shops

In recent years,some commercial districts taking Changzhou City,Jiangsu Province as an example,have emerged a new type of guarantee method for financing with the new type of right as the guarantee object.Financing with the guarantee of shop lease rights is one of the effective methods to solve the financing difficulties of small and medium-sized enterprises and individual industrial and commercial households in China.However,China’s legislation on guarantees does not clearly stipulate that the lease right of shops can be used as the object of the legal relationship of guarantee.Financing has greater legal risks under the existing legislative model,resulting in parties concerned in the security legal relationship,especially the security rights holders(mostly banks),have more concerns about the preservation of the lease rights of shops,which in turn affects their financing function.achieve.Among them,the definition of legal attributes and the determination of legal effects in the current legal system of shop lease rights are the key issues that restrict the development of this new type of financing guarantee.Therefore,in order to respond to the financing needs of SMEs and other market entities,this article will proceed from the court’s existing judgment point of view,analyze the existing retail lease guarantee model,and reveal that the legal attributes of the retail lease guarantee guarantee are not uniformly defined.Judicial dilemmas such as lack of legal authority provisions,unclear publicity methods,and application disputes in relevant laws and regulations,and then from the perspectives of the autonomy principle of self-government and private law autonomy theory and the real right legal moderation theory and the flexibility to make legal changes Proceed,and further combine the basic characteristics of the right pledge and the constituent elements to further demonstrate the legal attribute of the right to pledge the security of the lease right of the store;after clarifying the legal attribute of the security of the lease right of the store,based on the characteristics of the pledge attribute of the right,through the lease right of the store The conclusion of the pledge contract,the content of the contract,the parties to the contract,and the publicity of the pledge of the lease of the store are analyzed in terms of the contract effectiveness of the pledge of the lease of the store,from the relationship between the changes in the property rights and the relationship between the pledge of the lease of the store and the lease contract of the store To analyze the effect of property rights pledged on shop lease rights,and then clarify the legal effect of shop lease right guarantees;finally put forward suggestions on the improvement of relevant legislation,unified referee standards and the construction of supporting publicity systems for the sustainable development of shop lease right guarantees,with a view to New types of guarantees such as shop leasehold guarantees provide more intellectual support.