The Habitation of The Other of the Rational—The Retrospection and Enlightenment of Security Transfers Disputes#br#
YAO Hui,LI Fulei
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School of Law, Renmin University of China, Beijing, 100872
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Published
2018-11-16
Issue Date
2018-11-13
Abstract
In practice, security transfers did not get out from the system of distinguishing property right and obligation right, whatever it had been identified as, valid of contract, invalid or codified. In reality, it is a mere consequence of artificial separation in essence, and therefore cannot solve the dispute of security transfers. The court should regress to the doctrine of normative contract identifying the security transfers, according to the motivation of secure obligation right through transferring the ownership. Because security transfers have conflicts with the trend of making the best use of property, it is inappropriate to recognize it as a type of property right in Civil Code. But the Civil Code should tolerate the customs of security registration, mode of execution, estimate range to contact and mode of transaction.
YAO Hui,LI Fulei.
The Habitation of The Other of the Rational—The Retrospection and Enlightenment of Security Transfers Disputes#br#[J]. Journal of Renmin University of China, 2018, 32(6): 101-113