Empirical Analysis Of Judicial Judgments On Equity Transfer Guarante

In practice,equity transfer guarantees are on the rise and are urgently needed by market players,but the lack of a theoretical system makes their development difficult.It is necessary to take the practical problems as an entry point to find the root cause of the problem and to lay the foundation for the construction and improvement of the theory.The identification effectiveness and legal status of the creditor of a guarantee of a transfer of equity is the focus of controversy in practice.The legal status of creditors is unstable due to many value orientations and theoretical supports,including the existence of actual shareholders,creditors,security right holders,reference to equity holding,internal security right holders and external actual shareholders,and the legal status of creditors according to the agreement of the parties.positions such as determination of legal status by agreement of the parties.It should adhere to the substantive position in the identification of equity transfer and guarantee,not to look at the problem in isolation,clarify the essential differences between it and equity pledge and explicit shares and real debts,accurately identify it and clear the fog of the development of equity transfer and guarantee;soften the restrictions and denial of its effectiveness by the principle of legal rights in rem,deny the existence of conspiracy to misrepresent its legal structure,supply scientific basis for its effectiveness,and help to broaden the financing channels of small,medium and micro enterprises This paper is divided into four parts.The first part introduces the concept,development history and legal composition of the security of transfer of equity,laying the theoretical foundation for the subsequent study of this article.The second part summaries the controversial focal points of the security of transfer of equity in judicial decisions,presenting their adjudication opinions and sorting out their logical generation to obtain the reasons for the existence of differences.The third part examines the reasonableness of the opinions of the various controversial issues in judicial practice,and provides ideas for the subsequent resolution of the problems;the fourth part proposes solutions to the problems,revises the existing judicial decisions,and promotes the unification of the judicial opinions on the transfer of equity and guarantees.