Research On The Judicial Determination Of The Effect Of Transfer Guarantee

With the continuous development of China’s market economy,several legal guarantee systems are facing the complex social needs.Transfer guarantee is born naturally in the open market economy environment,which adapts to the trading habits and financing needs of market subjects.Its emergence and development has its inevitability.Article 388 of the civil code also clearly changes the mandatory provision that self agreement is not allowed in the previous guarantee.The promulgation of the nine minutes of the people’s Republic of China and the Supreme People’s court’s interpretation of the relevant guarantee system in the civil code of the people’s Republic of China provides a legal basis for the legalization of the validity of the transferred guarantee.Due to the confusion in judicial practice,the object of this paper is the judicial determination of the effect of transfer guarantee.First of all,through the study of the nature,characteristics,effectiveness and other aspects of the transfer guarantee,the paper compares the transfer guarantee with the similar concepts which are easily confused in judicial practice,and finds out the differences between different concepts,so as to more accurately define the basic connotation of the transfer guarantee.Moreover,through the big data search and sorting out the judicial cases involved in this system,sorting out the trial basis and results,comparing and analyzing the differences in the judicial practice of the effectiveness of transfer guarantee.In order to improve the legal system of guarantee in China,we should clarify the conflict between the cognizance of the validity of transfer guarantee and other legal prohibitions in judicial practice.