论让与担保制度

The system of relinquished security

让与担保作为非典型担保制度主要是以判例的形式存在。虽然成文法并未对其明文规定,但这并不能否认让与担保制度在融资渠道、手段逐渐多元化今天的重要意义及价值。我国可通过在即将出台的《民法典》中确认让与担保制度,并可通过最高法的指导性案例及司法解释等共同构建让与担保制度,从而完善我国的担保制度体系。

Relinquished security as a transfer collateral ownership of non- model guarantee mainly in the form of case. Though written law doesn＇t be written in it,which can＇t deny its values and important meaning in the methods of financing. We can set relinquished security in the Civil Law which will comes in the near future. Besides,we also can use some ruling cases made by Supreme People＇s Court to establish it and make the system of security more perfect.