集合信托产品融资担保法律问题研究

On the Legal Issues of the Financing Guarantee of Collective Trust Product

商业银行开展集合信托产品担保融资业务时,由于法律依据不足,对商业银行债权保障不足,反过来也制约集合信托业务的进一步发展。本文论证了集合信托产品在法律上的可担保性,分析了当前以集合信托产品提供担保存在的法律问题和障碍,并对当前集合信托产品担保模式的利弊及法律风险进行了评析比较。在此基础上,进一步提出在"物权法定"原则缓和适用的基础上构建集合信托产品融资担保法律制度的具体建议。

When commercial banks carry out secured financing business concerning collective trust product, the protection of their rights as creditors is inadequate due to the lack of legal basis ,which in turn restricts further development of collective trust business. This paper demonstrates that the collective trust products can be guar- anteed in the law theoretically and analyzes the current legal problems and obstacles of the kind of guarantee and also makes a comparative analysis of advantages and disadvantages of the guarantee mode at present and the legal risks thereof. Furthermore, this paper puts forward detailed suggestions on establishing the guarantee legal system of the collective trust products based on the relaxation of the principle of real right legal doctrine.