Study On The Determination Of The Effectiveness Of Equity Transfer Guarantee Contracts

The equity transfer guarantee system is an atypical guarantee method formed by the guarantee in the commercial and commercial financing guarantee practice.It has the advantages of improving transaction efficiency,expanding financing channels,and flexible guarantee methods.Although the equity transfer guarantee system is widely used in the practice of civil and commercial financing,it has not been clearly stipulated by Chinese laws.This article studies the key issue of determining the effectiveness of the equity transfer guarantee contract,which is divided into four parts:The first part is a brief overview of the equity transfer guarantee system.This paper discusses the most important issue in determining the validity of the equity transfer guarantee contract,that is,the definition of the basic concepts and characteristics of the equity transfer guarantee.At the same time,the theory of the legal structure of equity transfer security is summarized,which is mainly divided into the theory of ownership and security.The definition of the concept and the summary of the construction theory laid the foundation for the next part to discuss the current status of the legislation on equity transfer guarantee.The second part is the legal regulation and dilemma of equity transfer guarantee.This part analyzes the transfer security dispute handling methods in the "Judicial Interpretation of Private Lending",the principle of distinguishing property rights from debts in the Property Law and the determination of the effectiveness of the transfer security in the Nine Civil Minutes Of Meeting,reflecting the current equity transfer in China Laws with guarantee systems are missing.Then,the legislative dilemma of equity transfer security in China is elaborated,which is divided into two parts: "conflict of equity transfer security and legal principle of real rights" and "conflict of equity transfer security and principle of prohibition of liquidity".The third part discusses the status quo of the validity of equity transfer security and the reasons for the difference.This article selects typical cases,summarizes the judicial rulings of the people’s court,and elaborates on the focus of research on the effectiveness of equity transfer guarantee contracts.To further discuss the causes of the issue of the validity of the equity transfer guarantee contract,it is divided into the limitations of the application of the equity pledge system,the particularity of the equity disclosure guarantee rules,and the diversity of the equity transfer and guarantee liquidation methods.The fourth part is the perfect proposal for the determination of the effectiveness of the equity transfer guarantee contract.The first is the distinction between the property right and the debt attribute of the equity transfer guarantee,the second is the distinction between the internal and external effectiveness of the equity transfer guarantee,and finally the equity The distinction between attribution liquidation and disposition liquidation of transfer guarantee is analyzed,and the significance of the improvement of equity transfer guarantee system to civil and commercial guarantee financing is analyzed.