Study On The Legal System Of Makes And Guarantees

The system of guarantee for transfer can date from the period of Roman Law. and it gets broad approval in Germany, and Japan. It has a long development mstory, and now the system of guarantee for transfer is one of the most common security device in Continental Law system. Its legal structure has always been the focus of debate in the academia. And the issue of publicizing methods which are closely related to legal structure is the key to the system. Besides, The guarantee for transfer has free nature.Owing to the particularity of object guarantee for transfer often be confused with mortgage system. The Mortgage system is a guarantee form which originated from Common Law. This system was imported from Hong Kong to the mainland China in the early of the 1990's, which has become a popular financing purchased building method of the real estate market. Many people in the homeland are incomprehension of this system, which causes the confusion of the theories and the practice to that system.Therefore, it is necessary to legislate a unified law in order to meet the demands of social development. Meanwhile, the establishment and realization of guarantee for transfer also needs related system to guarantee.