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Let the legal system and guarantee the legal system of NCDs Full of guarantee

Author: PengYan
Tutor: WangLei
School: Xinjiang Normal University
Course: Civil and Commercial Law
Keywords: Transferring Guarantee Transfer of ownership Mortgage
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 0
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Abstract

Let civil law countries and guarantees are guided by the theory , and in the case law developed gradually , to be adjusted by the customary law of atypical way of security means that the debtor or a third party to fulfill the purpose of secured debt , will guarantee the subject matter rights ( ownership ) transferred to the creditor in advance by the two sides agreed on debt settlement , will guarantee the return of the debtor or the subject matter of a third person, in the non-performing debt , the creditor may repayment in respect of the subject matter of a guarantee by way of security . Since Roman law has been so experienced twists and turns with the guarantee of the development process , and has a special legal structure is a combination of transfer of ownership and guarantee legal system. In comparative law , and common law allows and guarantees on mortgage (MORTGAGE) there are inextricably linked. In modern Codified European continent , so that the guarantee system is such mortgage, pledge rights and other property rights system guarantees overwhelmed , not confirmed by legislation , but in some countries and regions codification , due to its Civil Code property security system is insufficient to meet the growing market economy, financing needs , so that the guarantee system in the form of Youyi jurisprudence developed gradually . In modern civil law system, so that the effectiveness of the guarantee is to accept the \Let the guarantee system through the basic concepts , nature, effectiveness analysis, and shattered the right so guaranteed rumors ; parse Guarantee for in civil law and common law of evolution , to clarify and guarantee system to let tortuous history of the development ; compared to similar systems with the guarantee system and the similarities and differences between , let a more clearly defined and secured in nature. Let expand financing and warranty with unlimited advantages and can achieve a collection property ( especially mobility collection property ) guarantee of , you can save mortgage, pledge to implement the cost and to avoid the subject matter in the auction process for the low price negative. In practice, our real life have emerged with similar characteristics or between warranty and guarantee to the transformation of the ownership transfer by way of security . Thus, although not yet clearly defined so that our civil law and the guarantee system , to study this system is still of great theoretical and practical significance .

Let the legal system and guarantee the legal system of NCDs Full of guarantee

Abstract

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