| Civil Law, one effective system, related with national plan and people living, can regulate and protect the safety and order of transaction. When we walk into time of the information and technology ,we concern more about the dynamic economic operation. According to the function of security right, we can create the credit, lessen the risk of debtor's breach of the contract, can put the future interest into present property pool, which is a significant legal topic to study and develop.I just try to analyse the legal(juridical) structure of Sicherungsübereignung, one atypical mode of guarantee ,to realize the exchange value of the object goods (guaranty),without transferring its possession ,to improve the financing and legislation of our draft of right in rem. Sicherungsübereignung meets the need of financing and commercial operation, which was argued and developed by jurisprudence experts, then accepted by case law, this security institution can make debtor possess ,use benefit and deal with the property according to the security contract with transferring guaranty ownership apparently, in this way, creditor can pursue the loan interest freely at he expense of property right shift temporarily. we need not sign a formal contract ,register the contract in the related authority and access some complex publication procedure of right in rem, which can reduce the cost of establishing the contract and settlement.Of course ,everything has its another side ,lack of publication procedure ,we can not keep the guaranty when debtor breach the security contract, hardly enforce our security right of this contract without the corresponding legislation supporting. So many scholars would like criticize it as a bastard of private transaction law, pierce its defect (deficiency)of fraudlent misrepresentation, illegal security right, attributive pledge prohibition, in the end ,describe its development as formal adoption after hard experience. during this period ,the researchers build up the theory of mortgage, the theory of trade, disguised security right, the theory of security right ,the theory of Sicherungsübereignung on trust law, which demonstrates the characteristic of helpful legal practice and perfect legislation skills. Manufacture industry and financial industry decline to carry out it frequently and freely.Due to different legal tradition and environment, Continental law system and common law system walk along a different way to improve their security right institution. Germany,Japan,Taiwan Area ,belonging to Continental law system countries, pay more attention to the theoretical construction ,so as to co-exist with present legal system harmoniously, while U.S.A. and England emphasize the applicacation and codification of common law, equitable law ,trust law; especially ,on the basis of security interest , U.S.A. enacts uniform commercial code(U.C.C.),which influence legislation reformation of other countries a lot. Taiwan Area takes great advantage of security right systems of two legal systems to enact her chattel transaction law of security right and reconstruct the legal system of real right,which is very profitable for our national legal draft of right in rem.This article will be divided into 6 chapters to introduce Sicherungsübereignung and its application. There are :Chapter 1. The concept of Sicherungsübereignung(including the definition and economical function of Sicherungsübereignung,the related concepts, the theoretical arguments)Chapter 2. Establishment and legal effect of Sicherungsübereignung(including the inner and outer effect of it, gutgl?ubiger Erwerb)Chapter 3.The development of Sicherungsübereignung(including some countries application and its legal construction)Chapter 4. The publication of Sicherungsübereignung(including some suggestions about electric network register)Chapter 5. The relationship between trust receipt with SicherungsübereignungChapter 6. The subordinative feature of Sicherungsübereignung and the draft legislation of right in remI... |
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