中国让与担保实务问题研究

Abstract

The transferring guaranteein Romebut because ofinherent defectsreplaced by theof pledge,and otherway. The transferring guaranteetheof modernright for securitybecause of itsong social functiongradually revealed, beganthe judicial practice of RenaissanceIn particular,widely usedGermany as the representative of theand regions, theresearch and practical applicationguaranteeJapantended to improve. In our country, In thelaw"consideration of the draft, aroundtransferring guaranteebe"into the law", choose which way "into the law", the academic circlescivil law in our countryunched a fierce debate, so far no results. But, the transferring guaranteeproblemsreality of our countrythe practice,need toby one. Transferring guarantee is a kind of new real rights for security different from mortgage and pledge,by the perspective of China under each make and guarantee problems arise in practice, In the perspective of the framework regulation puts forward the solutions. At the same time, the author let doctrinal issues guarantees for two cases of collateral typical case discussion and analysis.Finally, after transferring guarantee feasibility in China, The author claimed on composition of the security right, given the make and guarantee the subject of extensive and atypical way, China should take into account the theoretical logic and practical usefulness of the civil special law to regulate the mode of collateral, fundamental solution to the problem of the existence of the guarantee in practice.