我国流质契约制度的反思与重构

Reflection and Reconstruction of Liquidity Contract in our Country

目前在我国解禁流质契约是具有合理性的,对发展和完善《物权法》有所裨益。我国流质契约制度重构的路径应选择条款允许的立法主义,立法方案的选择以修订性方案为妥。

The liquidity contract refers to the contract engaged by the civil subjects in the contract of surety-ship, which the secured creditor will attain the ownership of the engaged collateral when the debtor can＇ t pay off the due debt. The contract is prohibited definite- ly in China. This paper speaks the scientific reasonability of liquidity contract to explore the path selection of China＇s fluidity contract system reconstruction.