Study On Security Of Lease Rights Of Stores

With the increasing diversification of modern wealth,in addition to tangible property,there are intangible properties such as rights,which themselves contain enormous property value and can be used as collateral property.In the practice of financing guarantee,small and medium-sized enterprises have created a new type of Functionalism guarantee with the shop lease right as the guarantee property to meet the demand for working capital.However,due to the fact that the current security law system in China has not yet provided clear guidance on the nature of security interests and the way of publicity for new types of security,disputes arising from new types of security are vague points and difficulties in judicial practice.The identification and selection of the nature of new types of security and the way of publicity still require the demonstration and research of experts and scholars,as well as the evaluation and consideration of legislative bodies.This article mainly discusses the nature,establishment points,publicity methods,and implementation methods of the guarantee for the lease right of shops,with the aim of initially constructing a legal framework for the guarantee system for the lease right of shops.The first part is "The current practice of guarantee for the lease right of shops".By analyzing the historical evolution and policy status quo of the guarantee system for the lease right of shops,it is concluded that there are currently problems in the guarantee of the lease right of shops,such as inconsistent definition of the nature of the right,disputes over the determination of the effectiveness of property rights,and unclear publicity methods.The second part "Overview of the guarantee of the lease right of the store".First,starting from the basic concept and internal mechanism of the shop lease right,this paper demonstrates that the shop lease right is a qualified security property and can be guaranteed.The second part is "Overview of the guarantee of store lease right".Firstly,from the basic concept and internal mechanism of the store leasehold,this paper demonstrates that the store leasehold is a qualified secured property,which can be secured.Secondly,it summarizes and comments on three different theories of the nature of the store leasehold,namely,the theory of creditor’s rights,the theory of property rights and the theory of materialization of creditor’s rights.Finally,it summarizes and comments on two theories of the guarantee nature of the store leasehold,namely,the theory of pledge and the theory of mortgage.The third part "The basis for the establishment of the mortgage on the lease right of the store".To judge the nature of the guarantee for the lease right of a store,the first step is to clarify the standards used.This article uses the theory of civil law and legal provisions as the research path to demonstrate that the guarantee for the lease right of a store should be a right mortgage.At the same time,considering that the establishment of the guarantee for the lease right of a store involves three parties,including the lessor,lessee,and financial institutions,in order to improve the security of transactions,the main points for the establishment of its mortgage right are specifically analyzed.The fourth part "The publicity system of the mortgage of the lease right of the store".Guided by the principle of property rights publicity,the establishment of a guarantee for the lease right of a store must be subject to corresponding publicity before it becomes effective.At the same time,based on the analysis of the current academic dispute about the publicity method of the guarantee of the lease right of the store,in order to achieve the unification of the publicity method of the right mortgage,it is proposed that the guarantee of the lease right of the store should be publicized on the unified guarantee platform for movable property and rights of the People’s Bank of China.The fifth part is "The realization of the mortgage of the lease right of the store".First of all,this paper analyzes the realization conditions and ways of the existing mortgage,and then,from the theoretical perspective of law and economics,it proposes to further optimize the realization mechanism of the mortgage of the shop lease right by improving the current public relief procedures,the repurchase of the shop owner,and the establishment of the mandatory management of the mortgage realization way,in order to better realize the normal operation of the mortgage of the shop lease right.