Research On Security Of Alienation

As a product of risk economy,the transfer guarantee system is widely used in various economic fields such as financing,house sales and bond guarantees.However,due to the transfer of ownership in the form of transfer of guarantee and the form of guarantee in essence,a contrast between the internal and external rights forms has formed,which makes the theoretical and practical circles have different understandings and understandings of it.There is a lot of controversy in the academic circles about its legal structure and legal nature,and the practical circles often have the embarrassing situation of different judgments in the same case or similar cases in the judgment of the cases related to guarantee.The "Civil Code" does not regulate the assignment of guarantees.In reality,there are problems such as poor connection between judicial interpretations and guiding documents.Under such circumstances,the legislative voice for assignment of guarantees is increasing day by day.Therefore,this paper analyzes the relevant theory of assignment guarantee,determines the concept and legal composition of assignment guarantee,sorts out the theoretical dilemma of assignment guarantee in academic circles,analyzes the legislative disputes and legislative necessity of assignment guarantee,and analyzes at the same time.Preliminary assumptions about the legislation of our country’s assignment guarantee system.There are six chapters in this paper.The first chapter is the introduction,which introduces the research background,research significance,research status and research methods at home and abroad;the second chapter points out that the assignment guarantee is in the judicial system through the dispute case between Zhu Junfang and Shanxi Jiahetai Real Estate Development Co.,Ltd.The third chapter is a brief overview of the definition of cession and guaranty,and the common parts and the author are extracted from the different understandings of the concept of cession and guaranty in the academic circles.Based on my own understanding,we can obtain the concept and basic characteristics of assignment guarantee,and at the same time,we will analyze the existing systems that are similar to assignment guarantee.The fourth chapter analyzes the theoretical predicament related to the guarantee,that is,the false expression of intent,the legal principle of property rights,and the flow of guarantee clauses.The fifth chapter analyzes and reviews the different theories of the legal constitution of assignment security,and makes clear that assignment security is the constitution of security right.The sixth chapter carries out the preliminary assumption of the assignment guarantee system legislation,analyzes the advantages of the legislative mode of the assignment guarantee special law,and the core issues of constructing the assignment guarantee system.