Study On The Legal Issues Of "Trading-based Guarantee"

As a new guarantee way,“Trading-based Guarantee” is appear.However,for the disputes of “Trading-based Guarantee” in judicial practice,the judgments vary from local courts to courts.Therefore,it is particularly important to analyze the legal issues in the entire guarantee process.The “Trading-based Guarantee” guarantees the debt of loan between the two parties by signing a sales contract(or other contract).Because its external is a sales contract and the guarantee function is inherent.Most people think it's False Expression.The implementation of the guarantee is “carrying out the sales contract and transferring ownership”,so most people think it's Fluidity Contract.The author will analyze the constitutive requirements of the False Expression and the purpose of the Fluidity Contract,and determine the effectiveness of contract.Through the study of real rights alteration,we can explain the ownership of the subject matter,the rights of beneficiary,and reference to the Transferring Guarantee and Advance Notice Registration to protect the lender's rights.Sometimes the case involves the interests of a third party,we should protect the rights of third parties.We can analyze of “Trading-based Guarantee” from three aspects: contract,property rights and guarantee.In this process,the author used select typical cases,analyze the conclusions of the dispute,and at the same time use other methods to study the legal issues.This paper hopes to explain the rights and obligations of the parties,and combine the law,especially the relevant judicial interpretations of the Supreme Court,and draw a conclusion.