The Research On Equity Transfer Guarantee Of Limited Liability Company

With the development of market economy and the need of commercial financing,equity transfer guarantee emerges in response to the proper time and condition.Equity transfer guarantee refers to a kind of transfer guarantee that the debtor transfers the equity to creditor so as to guarantee the reality of principal creditor’s right,and the debtor will buy the equity back after the debt is fulfilled.Although equity transfer guarantee has been used widely in juridical practice in our Country,there still haven’t achieve the unification of judgment logic during the juridical practice because of lacking definitely guidance in legislation.At the same time,this kind of guarantee method is inconsistent with the principle of legality of real right and the principle of fluidity contract,so there still exists controversy over the nature and effectiveness of equity transfer guarantees in the theoretical world.This paper focuses on analyzing the problems faced by equity transfer guarantee of limited liability company during the juridical practice,and proposes the writer’s suggestions on building the system for equity transfer guarantee in order to solve the dispute.First of all,clarifying the connotation and historical development of equity transfer guarantee so as to understand the development track and status of equity transfer guarantee in our country.Secondly,clarifying the theoretical foundation of equity transfer guarantee by virtue of differentiating those systems which are similar with equity transfer guarantee and analyzing the nature and effectiveness of equity transfer guarantee coming from the theoretical world.Thirdly,analyzing and generalizing the standpoints and basis of juridical practice at the present time by using three cases.At last,putting forward four suggestions on the equity transfer guarantee system,which hope to help you to settle the dispute in the judgment of equity transfer guarantee.