论流质契约制度之合理性（On the rationality of liquid contract system）.docVIP

论流质契约制度之合理性（On the rationality of liquid contract system） The law sets up some special rules to protect the disadvantaged groups, so as to achieve social justice better. The prohibition of liquid contracts belongs to such a rule in order to protect the interests of the so-called vulnerable debtors, so as to avoid losses due to their disadvantaged position. As a result of a need to have some interest in high value as a small creditor, or because of changes in market prices, the value of collateral in the implementation of security right than guarantee contract is worth a lot higher. Second, protect other creditors other than the security interest holder. [2] some scholars believe that the value of the collateral is generally greater than the amount of the secured claim. If the direct collateral is not secured by the liquidation, it will damage the interests of [3] in the interests of other creditors. Third, to prevent the loss of state-owned assets. In our country, many state-owned enterprises make loans to banks because of the production needs, and use the state-owned assets of the enterprises as collateral. In the premise of state-owned assets supervision rules is still not perfect, if state-owned enterprises will set up state-owned assets liquidity contract, which may result in state-owned assets to creditors, especially some state-owned enterprise leaders can use this method to escape the Department in charge of state-owned assets supervision of state-owned assets, resulting in huge loss of state-owned assets. [4] fourth, the prohibition of the liquid contract meets the right of security is the nature of value rights. In the view of some Taiwan scholars, the purpose of prohibiting the liquid contract should be in the right of security, which is the right of value for the purpose of paying off the secured creditors right for the selling price of the guarantee. If the collateral is not subject to the auction proceeds, or the security holder has not contracted the g