Research On The Realization Of Creditor’s Rights In Transferring Guarantee Of Stock Equity

The transferring guarantee of stock right,a type of transfer guarantees,are becoming more and more frequently used in China’s commercial practice,and can effectively raise funds for enterprises when their funds are in short supply.However,there are still some outstanding problems in the trial practice,due to lack of legislation and lack of uniform judicial standards in the judiciary.The main reasons are lack of referee basis,the terms of the transferring guarantee of stock right producing ambiguity easily,difficulty in choosing the method of realization,and difficulty in coordinating liquidation methods and liquidation obligations.This paper puts forward suggestions to resolve the dilemma of the creditor’s rights implement method of the transferring guarantee of stock right by analyzing the specific judicial cases of the transferring guarantee,scholars’ views and relevant documents of the Supreme Court.The main structure of this article includes four parts.The first part is the analysis of the basic case,selecting the transferring guarantee of stock right cases from the judgment network,extracting the controversial focus of the case,and pointing out the problems of the creditor’s rights implement method in the transferring guarantee of stock right.The second part is the basic theory overview of transferring guarantee of stock right,starting with the concept and the particularity of transferring guarantee,drawing the particularity and the necessity of creditor’s rights implement of the transferring guarantee of stock right.The third part,the analysis of the problem,discusses the main reasons for the dilemma of the creditor’s rights implement method of the transferring guarantee of stock right.Mainly because the legislation,implementation,and settlement of creditor’s rights of the transferring guarantee of stock right are subject to great disputes in academic theory and practice.In the fourth part,putting forward the proposals,to resolve the dispute of the validity of the "liquidity clause" in the transferring guarantee of stock right agreement through the establishment of the transferring guarantee of stock right,unifying implement method and identifying the creditor’s rights liquidation method of the transferring guarantee of stock right to providing a viable path for practice.