Research On Legal Issues Of Share Transfer Guarantee

Is the guarantee of equity guarantee superior concept,is the civil law countries through the jurisprudence theory,and formed a typical guarantees system.With the development of commercial financing needs,because of its guarantee more conducive to safeguard and realize the interests of the creditors,welcomed by the creditors,entered the guarantee practice in China.Compared with the traditional way of guarantee,the guarantee is flexible,convenient and efficient financing and lower transaction cost advantage,and thus constantly adopted by market main body,plays an important role in the practice of the guarantee.Guarantee of equity in recent years has been used widely in commercial transactions.But because of the guarantee system of conflicts with the traditional civil law theory,it gradually in our country’s legislation in the recognition,experienced a relatively difficult process.Although,to guarantee the part legislative provisions,but there are still many blank,at present there are still more and equity related disputes failed to get effective guarantee reasonable solution.This paper clarify the internal and external guarantee effectiveness,select a stake in the guarantee,the equity transfer guarantee main dispute focus of disputes,the referee cases,to explore the internal logic to resolve disputes with the referee path,summed up the guarantee of equity using the elements of the referee in the judicial practice and practice,to improve the equity guarantee legal problems in the judicial practice idea is put forward.