Study On The Security Responsibility Of Creditor Grantor Concerning Defects Of Rights

At present,it is common that cession occurs in daily transactions andbusiness dealings, especially the impact of the transfer of bad loans in financialinstitutions is more profound.As an important form of the transfer ofwealth,cession affects the different interests of transaction entities andtransaction security. In particular, many cases concerning defects of cession inreal life and the blank of security responsibility of creditor grantor in law, itcauses much attention from theory and practice.On one hand, the theoretical circles have obtained many achievements ondefects of rights about contract. However, the lack of the defects of cession intheory and law area provides a new challenge for theoretical researchers.On theother hand, many cases of defects of cession in real life has a bad effect on theassignee and the transfer speed and security.So,it is necessary to study thesecurity responsibility of creditor grantor concerning defects of rights,which hasmuch practical significance.First of all, this paper expounds the research background and significance,combs the existing literatures and forms the literature review on the current stateof theoretical research, reveals the value of the subject.Secondly,it presents thebasic principles of the security responsibility of creditor grantor and analyzes theconcept, elements and purview of guarantee. Again, it refers to the relevantprovisions of different countries, such as German,France,Japan,Britain,USA andUnited Nations Convention on the Assighment of Receivables in the InternationalTrade. Then contrast and analyze different provisions, therefore providing areference to build the security responsibility of creditor grantor in China. Finally,discuss the relevant provisions of Contract Law in our country extensively,reveal the legislative gaps and analyze the cases in practice about the topic.Combining with the theory, this paper put forwards some specific Suggestions.