| Transferring guarantee originates from trust of Roman law and Germanic law, It is a kind of untypical guarantee which develops from decided cases and doctrines of some continental law countries. Transferring guarantee is different from typical guarantee in guaranteeing the credit by transferring the ownership of some things. It is widely applied in some countries and regions because of economic evolution and corporation's finance. The issue of whether the transferring guarantee could be codified in the real rights code like typical guarantee is being disputed. Professor Liang HuiXing claims that we should set up transferring guarantee in real rights code, but Professor Wang LiMing don't think so. Real rights code draft which is drafted up by law committee of NPC Standing Committee did not stipulate Transferring guarantee. This paper consider that we should set up transferring guarantee in special law but not in real rights code from the point of view of the nature and history of transferring guarantee. There are needs for us to set up a regime of transferring guarantee in house mortgage, inward bill receivable and financial leasing. There is paradox between transferring guarantee and the logical system of real rights cold. So this paper argues that we should establish transferring guarantee in special law. There are three chapters in this paper including the preface and conclusion. Chapter one analyses the history of establishing transferring guarantee. It introduces the origin of transferring guarantee, the decided case and legislation about transferring guarantee .It hope to find the development history of transferring guarantee. Chapter two analyses the concept, nature and legal force of transferring guarantee. It hopes to make clear the connotation of transferring guarantee. Chapter three analyses the practical needs and mode of legislating transferring guarantee. This paper considers that there are legal loophole in house mortgage inward bill receivables and financial leasing. They are difficult to be applied in present law .So this paper argues we should set up a regime of transferring guarantee in special law. |
