The Initial Exploration Of Legal Problem Of Pledging Toll Right For Loan

The author first explored the general problem of pledging toll right, then made some concrete analysis on the establishment and effectiveness of pledging toll right. Last discussed risk prevention of pledging toll right combining the practice of bank credit operations.Toll right is the title to claim a certain sum of money based on the concession or contract. The types of right vary greatly owing to the vast ranges of charge. Toll rights may sum up to the following types. Firstly, concessionary toll rights. Aroused by general concessions to produce expected benefit. For instance, operation by government permission or toll right, or special production by permission. Second, managing charge right. Contractual expected benefit by civil contracts. Such as property operating right, cable TV toll right, and ect. Thirdly, administration enterprise toll right. Not all charge rights can set pawn. Those can set pawn must have independent possession, can alienate, commercially stable and controllable.With the development of economy, the object right system of original visible and invisible objects is sure under strike. Mere transfer of the right voucher shall not make the pawn become effective. More often, the party gets pawn by register a public notification. The original systems of mortgage and pledge are no longer clearly distinctive. One can simply measure off guaranty activities by using"ownership transfers possession"as a standard. In the guaranty relationship set up by toll right, toll right, as a way of an abstract expect right, the attention of the sponsor is not laid on the possess of toll right, but the worthiness of the toll right, and the effective control of the property title, not just the transfer of the right itself. The possess transfer mode or register mode designed by traditional civil law is to solve the problem of public notification of sponsion. It cares too much to explain set pledge registration as properties possess transfer. With the development of society and perfect of legislation, movable value of pledge shrinks gradually,...