Research On The Buyer Protection System In Normal Business Activities

The buyer protection system in normal business activities is a significant attempt by the Civil Code on the guarantee system,which plays an important role in promoting enterprise financing and optimizing the business environment.At present,the relevant provisions of the system in China’s laws are not perfect,there are still obstacles and unreasonable aspects in the application of the law,and the legal effect in practice still needs to be improved.The legislative intention and expected effect of the buyer protection system in normal business activities should be to protect the reasonable expectations of the buyer as a market transaction subject,exempt it from its inquiry obligations,ensure the smoothness and safety of commercial transactions,reduce the resistance and burden of transactions,improve transaction efficiency,promote capital financing,balance the three parties of the security owner,guarantor,and buyer,and produce a win-win result.This system was first applied to the movable property floating charge system,and was further expanded to apply to general movable property mortgages for legislative purposes.Its constituent elements need to be further explained and determined.The requirements for the seller’s business qualification should not be too strict within the scope of the business license,which should be based on the business license and conform to commercial practices.As long as a reasonable price is determined,the payment methods can be diversified,Obtaining the mortgaged property should be interpreted as obtaining the ownership of the mortgaged property,which means specifying the subject matter.The buyer does not need to actually possess the subject matter,and it is necessary to clarify the goodwill of the buyer and distinguish it from the goodwill in other clauses.The exclusions in the five aspects of Article 56 of the judicial interpretation are relatively vague,contrary to the original intention of the legislation and not conducive to its application.It is necessary to further improve its rationality and applicability by integrating practical factors.In particular,the bottom line clause in Article 5 should be based on clarifying the goodwill of the buyer.For safeguarding the interests of the security owner,the automatic extension of extraterritorial security proceeds can be used for reference,which can not only promote the circulation of security,but also make the best use of resources and save transaction costs.