| Numerus is a basic principle of property law is the basic principle of civil law country, whose very existence is not only a state in order to secure the property, maintaining static security of property, and therefore can not easily destroyed. And let the guarantee happens is a destruction of the Numerus but an atypical secured by more and more people gradually accepted. The reason is not only the objective needs of economic development, as well as warrants to let other typical and do not have the guarantee has the advantage. This enables to make and guarantee the "bastard Property Law on" more and more popular, especially in the field of private lending welcome.In the beginning of the article puts forward Zhu Mou v. Han Mou guarantee this typical case, which leads to the "why is widely used in folk lending guarantee", "what is the cognizance standard of guarantee" and "how to guarantee the legal effect of the three one of the most controversial problems in judicial practice. In the second part, chapter three to guarantee is widely used in folk lending reasons, review the problems of the judgment and guarantee the legal effect of guarantee question has carried on the detailed and comprehensive analysis. The legal theory and judicial practice for the three problems and puts forward some constructive opinions, in order to have certain help for judicial judgment. |
