The transfer of guarantee involves a change in property rights based on legal acts,which should be examined and deconstructed with the theory of property rights acts.The transfer of ownership is only a formality,the creditor is the formal owner,and the person who sets the transfer guarantee is the real owner.The appearance and essence of the rights of property rights are misaligned.Therefore,it should rethink the types of rights from the perspective of constituent elements,distinguish the internal and external relationships of transfer guarantees,and analyze the relevant legal effects.External effective-ness follows the principle of public disclosure,while internal effectiveness respects the autonomy of the parties involved.The flow guarantee clause no longer negates the transfer of the guarantee as a whole,and forcibly introduces liquidation rules to achieve the true guarantee intention of the parties.
transfer of guaranteepublicity principlestatutory property rightsprivate law autonomy
NETL
NSTL
万方数据
维普
