A Study Of The Repledge System

As an effective financing artifice, repledge absolutely accord with the developmental stream of modern real laws which requires making the best of everything, repledge also tally with impersonality request that is encouraging bargain, protecting exchange, booming market economy. Repledge which is an impersonality action in relation of our folk obligation has happened occasionally and now days this also is inescapability in market economy atmosphere, but our legislation didn't make suit reflection. Many countries' legislation or theory admit repledge system in vary degree. However, in legislation, because of their different background their choice in types is very different;in theory, as a result of different cognizance on character, there are many bust-up in constitutes and consequences, how to attribute profits is an essential baffle as well.Using three kinds of research methods which include comparative analysis, demonstrational analysis and legal philosophy analysis, this article begins in the history of repledge system, bases on determining the nature, distinguishes the constitutes and range of application, at last reasonably deploy every parties rights and duties based on the hearts of balance of profit: this article suggests making two kinds of repledge in law;repledge with agreement apply to pledge of movables and pledge of rights, repledge with responsibility shouldn't apply to the matter which pledger declare that he will withdraw and whose transfer needs registration;for risk assume of repledge with agreement, the article suggests carry the rule of autonomy of the will out.