Analysis of the Effect of the Liquid Clause in the Civil Code
DOI:
https://doi.org/10.54097/ed7cty64Keywords:
Liquid Clauses, Typical Guarantees, Atypical Warranties, Assignment of SecurityAbstract
The Civil Code no longer directly stipulates that the liquid clause is invalid by adopting the legal consequence model for liquid clauses; the softening of the attitude towards the liquid clause is mainly due to the impact of optimising the business environment and the necessity of lifting the ban on the liquid clause. The liquidation of the liquid clause is the realisation procedure of mortgage and pledge in the typical guarantee, and the transfer of the guarantee is represented by the assignment of the guarantee in the case of atypical security, and the realisation of the validity of the liquid clause needs to be based on the principle of attribution liquidation, so as to better realise the value purpose of the liquid clause and ensure the balance of interests between the security right holder and the guarantor.
Downloads
References
[1] Wei Zhang. Verification and strengthening of the validity of liquid clauses in transactional guarantees[J]. Business Economics and Management, 2020(03): 86-96.
[2] Shengping Gao. On the relative prohibition of liquid contract[J]. Political Science and Law Review, 2018(01): 72-82.
[3] Ligang Ji, Ziyi Pan. The Systemic Effect and Limitation of the Concept of Double Guarantee in the Civil Code: A Case Study of the Purposive Restriction of Article 428[J]. Hebei Legal Science, 2022, 40(06): 20-45.
[4] Jinye Fang. An analysis on the nature of assignment and guarantee--From the perspective of "Zhu Junfang case"[J]. Journal of Southeast University (Philosophy and Social Science), 2020, 22(S1): 77-83.
[5] Yongqiang Chen. The new development and interpretation of the provisions of the Civil Code prohibiting liquidity[J]. Finance and Economics Law, 2020(05): 35-45
[6] Jianyuan Cui. Interpretation of judicial interpretation of atypical guarantees[J]. Rule of Law Research, 2021(04): 3-10.
[7] Hongliang Wang. Theory on the Validity of Assignment of Guarantees: Focusing on Article 68 of the Interpretation of Guarantees of the Civil Code[J]. Political and Legal Forum, 2021, 39(05): 138-150.
[8] Baoyu Liu. Interpretation of the new regulations on the security interest system of the Civil Code[J]. Law and Business Research, 2020, 37(05): 3-18.
[9] Peng Sun, Qinlao Wang. Theory of the validity of liquid clauses [J]. Law Science, 2008(01): 84-92.
[10] Silai Liu. On the softening of the prohibition of liquid clauses [J]. Shang, 2015(32): 230-231+229.
[11] Shanbin Zhang, Ning Qian. Research on the Interpretation Theory of Liquid Clauses in the Civil Code Hebei Law Science, 2020, 38(09): 3-14.
[12] Guangrong Wu. The New Development of the Civil Code on the Guarantee System and Its Practical Impact--Also on the Scope of Application of the Judicial Interpretation of the Guarantee System of the Civil Code[J]. Rule of Law Research, 2021(04): 18-31.
[13] Yunda Li. Reflection and proof of the legal nature of "buying and selling guarantee"[J]. Western Law Review, 2021(02): 121-132.
[14] Liming Wang. The modernization of the guarantee system: an analysis of the first paragraph of Article 388 of the Civil Code [J]. Jurist, 2021(01): 30-39+192.
[15] Shengping Gao. Functionalism and Formalism of Secured Transactions of Movable Property: The Handling Model and Its Influence of China's Civil Code[J]. Foreign Social Sciences, 2020 (04): 4-17.
[16] Hein Ketts. European Contract Law (Volume 1) [M]. Translated by Zhou Zhonghai et al. Law Press, 2001, p190.
[17] Hongdao Qian. Law and Economics and Chinese Legal Reform, Future Chinese Jurisprudence[J].Legal Science. Journal of Northwest University of Political Science and Law, 2002 (04): 3-10.
[18] Zaiquan Xie. Civil Law Property Rights[M].Beijing: China University of Political Science and Law Press, 2011.
[19] Jun Liu.The Rebirth of Liquidated Damages[J].China Law Science,2006(04):95-101.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Journal of Education and Educational Research
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
