The Construction Of Transfer Guarantee System

The transfer guarantee is created by the people,which is not stipulated in the civil code.At the same time,the parties to the transfer guarantee often cover up the real purpose of the guarantee by signing sales contracts and equity transfer contracts.The accompanying problem is whether the transfer guarantee conflicts with the property law,the liquid contract,and the untrue expression of the will between the parties.It is also because there are many disputes about the transfer guarantee that have not yet been resolved.The law of our country does not legislate on the transfer guarantee,but the transfer guarantee is widely used in practice,which makes the theoretical and practical circles have to re-examine the transfer guarantee system.The author thinks that our country should build the transfer guarantee system.This paper is divided into three parts:The first part: the realistic need of constructing the system of assignment guarantee.This part mainly discusses why we want to construct the transfer guarantee,and analyzes it from three angles: first,the application of transfer guarantee in practice is analyzed,and the data shows that the use of transfer guarantee is more and more extensive;second,from the perspective of unified court judgment,combined with the typical cases published by the Supreme Court and the transfer guarantee cases in people’s justice,the conclusion is drawn that although the transfer guarantee is widely used,the transfer guarantee can not be ignored.However,there are still many obstacles,such as judicial interpretation can not be unified with the Supreme Court From the perspective of perfecting the law of our country,we also need to construct the system of transfer guarantee.The second part: the evolution of transfer guarantee system.This part first analyzes the transfer guarantee system in Germany,Japan and Chinese Taiwan from a comparative perspective,then analyzes the different understandings of the theoretical circles in our country since the emergence of transfer guarantee,and then analyzes the tendency changes of the judgment tendency of the transfer guarantee cases in our courts from the latest judgments of the people’s courts in various places,and finally combines with the "Civil Code",This paper discusses the situation of assignment guarantee system after the promulgation of civil code.The third part: suggestions on the construction of transfer guarantee system in China.This part first introduces the internal and external effects of the assignment guarantee,and the choice of the legislative mode of constructing the assignment guarantee.When constructing the assignment guarantee system,it is suggested to establish it in the form of special civil law.Finally,it draws up the relevant legal provisions of the assignment guarantee.