A Study On The Validity Of Transferring Guarantee In The Background Of Judicial Practice

The transferring guarantee entrusts the creditor by giving the property right itself to the owner of the property to be granted,thereby securing the creditor's claim.As a kind of not by scholars,through the use of civil and commercial activities in the activities of the court and the jurisprudence of the creation of atypical security rights,concessions in practice have occurred,and the lack of appropriate provisions of our law to regulate it,There is no consensus on what the academy says about it.Judicial practice due to the lack of a more uniform criteria,the same case of different circumstances serious,so that the validity of the dispute with the dispute has been accompanied.Based on the current law and related doctrines,this paper analyzes the results of the referees and their legal application,and puts forward their own views on the validity of the guarantee.The main structure of this paper includes the following four parts:The first part is an overview of the guarantee,the first to define the concept of concession,and then the history of the guarantee and the current law of China to sort out the card,and finally to the need for security to demonstrate,lead to the following specific discussion;The second part is to sort out the judicial practice of China's relevant referee case,and in accordance with the validity of the assignment to ensure that the classification of the guarantee in practice not only in the validity of the existence of contradictions,the definition of legal relations are also confused in conclusion;The third part is based on the practice with the problems encountered,first of all by the concession and ownership and retention of goods and debt to compare,to resolve the legal relationship between the definition of confusion,then the right to warrants and property rights,The relationship between the principle of contract and the hypocrisy of the conspiracy to coordinate the legitimacy of the guarantee and practice;in the background of the current law to solve the legal dispute to provide a solution to verify the effectiveness of the guarantee in practice;The fourth part is about the thinking and summary of the whole text,in the practice of the guarantee effect of the issue to sort out the solution,put forward the author on the institutional level of thinking.Finally,on the basis of summarizing the full text,the author thinks that the guarantee system should not be avoided.It should be effective to understand the effectiveness of the existing law and accumulate the breakthrough of seeking a dispute settlement and provide support for economic and social development.