The Return of the Commercial Nature for Equity Transfer Guarantee
An equity transfer guarantee is a special combined transaction arrangement in which a businessman creatively combines equity transfer and the guarantee system for financing.The Interpretation of the Security System of the Civil Code includes it in the scope of equity pledge with the"most similar"theory based on civil thinking,leading to inconsistent judgments and theoretical cognitive biases.Market and transactions center on businessmen,who have special thinking habits and logic.The core of business transactions is to maximize profits.The thorough solution to the disputes of equity transfer guarantee must be based on commercial thinking returning to the spirit of contract.Private rights,autonomy and private arrangement should be respected.On the premise of not violating the express provisions of the law and public order and good customs,the rights and obligations among businessmen are determined first by the contract.The pursuit of opportunities and interests of business communities should be protected to meet the flexibility,efficiency,safety,and convenience that the market needs.
equity transfer guaranteejudgement rulescommercial thinkingthe principle of contract priority
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