Legal Exploration Of Atypical Guarantee Contract

As one of the most flexible financing methods,private lending plays an indispensable role in the current economic operation.However,under the interest of efficient,convenient and low-cost interests,the form of guarantee for private lending has broken through the regulation of traditional legislative mode.The manifestation of guarantees is increasingly diverse and complex.China’s current "Property Law" and "Guarantee Law" provide five guarantee methods such as deposit,guarantee,mortgage,pledge and lien,but in judicial practice.There is a legal relationship with a guarantee function in addition to the statutory guarantee model,that is,atypical guarantee contractual relationship.This paper introduces the atypical guarantee contract through the case.In the litigation,the judicial judicial authority has the problem of the legal application of the atypical guarantee contract.It is clear that the nature of the atypical guarantee contract is still a contractual contract in essence.The legal effect of atypical guarantee contract;combined with the actual operation mode of judicial trial,analyzes the judicial identification and referee path of atypical guarantee contract,which is beneficial to the uniform judicial trial scale and the improvement of judicial credibility,and further prevents the emergence of a large number of claims Invalid non-integrity behavior.This paper uses case analysis method and comparative method,which is divided into four parts: The first part is the introduction,which mainly introduces the legal research status of atypical guarantee contract from the background of the topic and the research significance,literature review and research methods.The second part is the basic situation of the case.It is based on the introduction of the basic case and the judgment of the judicial organ.It summarizes the issue of the focus of the case,and further raises the legal issues that the article is to explore,that is,the legal nature of the nature and effectiveness of the atypical guarantee contract.Partly mainly focuses on the focus of the disputes in the selection of the basic case,from the perspective of legal nature and legal effectiveness,and through a number of cases for horizontal comparison,the nature of the atypical guarantee contract is contractual contract and contract effectiveness.The fourth part is the legal thinking on the extension of the case,which mainly includes the judicial recognition and referee path of the atypical guarantee contract and the interest balance of the atypical guarantee contract and the outsider’s execution of the objection.