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Analysis On Legal Relations Concerning Warehouse Receipt Pledge

Posted on:2008-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:J J SongFull Text:PDF
GTID:2166360242959233Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Warehouse receipt pledge is a kind of rather active financial product which is pledged for warehouse receipt rights by the way of transferring of warehouse receipt to realize the warranty of creditor' s rights. However, we do not have a full aspects understanding of securities and no normalization is made for application. The complicated legal relationship of warehouse receipt pledge, the gradual evolvement of relationship of guarantee contract and security interests as well as the separation, replacement, adding and transferring of warehouse receipt pledge are required to be studied and researched further.The author of this text describes lots of legal concept involved in warehouse pledge based on long times of practice for warehouse receipt pledge business of author and specifically analyze the legal relationship and legal problems on this foundation. The legal relationship of warehouse pledge is the main line and it concludes the typical mode for warehouse pledge operation mode based on the concept of warehouse receipt and warehouse receipt pledge. Besides, the text studies various legal relationships and legal issues in the process of warehousing, loaning, pledge, supervising, etc. Meanwhile, it makes relevant legal analysis for the situation of warehouse separation, replacement, adding and pledge transferring, etc.The essay deals with the subject in two chapters. Chapter I expounds on the concept of relations concerning warehouse receipt in four independent sections. Section 1, the Concept of Warehouse Receipt, explains such topics as the concept and nature of warehouse, and also the relation between warehouse receipts and storage contracts. Section 2, the Concept of Warehouse Receipts Pledge, deals with the concept, the object concerned, and (Storage lists and bills of lading can not be set pledge) the differences between warehouse receipt pledge and chattel mortgage. Section 3 presents the operating procedures in carrying out warehouse receipts pledge and sums up a typical mode for the operation, which, at the same time is set as a purpose for further study. Section 4, Relevant Legal Relations in the Warehouse Receipts Pledge, summarizes legal relations in the process of warehousing, loans, pledge, and supervision of the procedures.Chapter II expounds on the operation of legal relations concerning warehouse receipt pledge in two independent sections. Section 1, the Creation of Legal Relations concerning the Warehouse Receipts Pledge, mainly introduces legislative examples of warehouse receipt, analyzes the effectiveness and record of warehouse receipt, contract of warehouse receipt pledge, supervision contract of warehouse receipt pledge, transferring and possessing of warehouse receipt in warehouse receipt pledge, the effectiveness of warehouse receipt pledge, endorsement of warehouse receipt in warehouse receipt pledge, etc.; Section 2, Alteration and Extinguishment of Legal Relations concerning the Warehouse Receipts Pledge, analyzes the partition, replacement and adding of warehouse receipts in operation practice, expounds the implement and transferring of warehouse receipts pledge, has a discussion on extinguishment of legal relation in the warehouse receipts pledge caused by return or partition, losing, being stolen of warehouse receipts as well as return endorsement and information of obligations, etc.
Keywords/Search Tags:Concerning
PDF Full Text Request
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