A General Discussion On Legal Issues Of Pawn

The pawn as a lien means that a borrower borrow money from a pawnshop and deliver his movable to the pawnshop for lien. If he can' t refund the corpus and interest in a specific period to redeem his movable, the title is going to belong to the pawnshops as a charge for the money the borrower take. Abstract Pawn is one of traditional methods of financing in China, which is convenient and quick for exchange of money and is in practice until now. Pawn is based on the practice of pawnshops and called business lien . Despite of its existence and development for over 20 years, pawn is still out of the control of civil statutes. The practice of pawn is not in line with the traditional civil law theory, which arise a lot of confusion and disorder to handle with. Based on these facts, the thesis tries to develop its elucidation by bringing out the point, then coming up with the problems and analyzing the problems and finally resolving the problems. Part 1, The principal legal problems of pawn. This chapter firstly specifies the concepts and quality of pawn, then introduces the rights and obligation of both. Part 2,This chapter introduces the history and the function of pawn ,elaborates the developing process of pawn carefully and the actual meaning of pawn . Part 3, The difference between pawn and other similar legal system. This chapter elucidates the difference between pawn and vadium, pawn and mortagage, pawn and pledge of movables, pawn and repurchase, pawn and trade with supplementary articles about redeem. Part 4, This chapter introduces legislation on pawn, indicates the deficiency of the legislation on pawn, and the problems arise from pawn industry. Part 5,The complement of legal theory on pawn and the settlement of disputes. The writer gives out a elucidation about the given cases and ends the thesis with legislative suggestions.