Research On The Judicial Judgment Rules Of Equity Transfer Guarante

Assignment guarantee is a new type of guarantee developed from practice and theory.Although it is not a typical guarantee,it is widely used because it guarantees the creditor’s rights by means of assignment of ownership,which more powerfully protects the interests of creditors.With the rapid development of the market economy,traditional security methods have many limitations and are difficult to meet the security needs of the parties.Therefore,assignment security with the advantages of a wide range of security targets,more secure creditor rights,and convenient implementation methods are widely used.However,for the equity transfer guarantee with dual attributes of property and personal,the addition of the main body of the company makes it no longer limited to the level of civil law,and the identification of security rights also requires more definitions involving shareholder rights,etc.,due to specific legal provisions.Due to the lack of mature theories and theories,it is difficult for judicial practice to form a unified judgment on specific issues.This paper analyzes179 typical equity transfer guarantee cases since 2015,and finds that the disputes in such cases mainly focus on contract validity,priority of repayment,and internal and external effects of equity transfer guarantee.Therefore,this article will focus on the controversial issues and try to put forward specific opinions on adjudication rules,in order to provide guidance for legislation and judicial practice.The first part clarifies the nature of equity transfer and security by studying the basic theory of equity transfer and guarantee,explains "the theory of ownership structure" and "theory of security right composition",and adopts the legitimacy basis of "the theory of "security right composition",and at the same time Compare the similarities and differences between the equity transfer guarantee and related legal concepts such as equity transfer,equity pledge and anonymous capital contribution,so as to make a correct identification of the equity transfer guarantee.The second part analyzes the existing adjudication rules,focusing on the refutation of the theory of false intention of equity assignment guarantee and the source of the priority of compensation.Through the legal analysis of the above problems,find out the theoretical explanation for the existence of the relevant provisions loopholes and conflicts,to explore the correct interpretation of the legal path of the above problems.The third part is based on the judicial precedents of equity transfer guarantee in practice,summarizes the characteristics of the cases,analyzes the court’s attitude towards the focus of the dispute and the specific basis explained in the "this court’s view" part,combined with specific cases,and focuses on the current judicial practice.The internal and external effects of equity transfer guarantees that exist but have not been clarified in the law are studied,and the problem of defining the interests of debtors,creditors and related subjects,which is a controversial issue in judicial practice,is clarified.The fourth part is the improvement of the judgment rules of equity transfer guarantee.First,analyze its legal theory and practical basis,and clarify the identification standards and related publicity systems.At the same time,it clearly involves the rights and obligations of the obligee related to the internal and external effects of the equity assignment,that is,the creditor’s right to file a third-party objection and the debtor’s rights arrangement against a bona fide third party.