Study On Warehouse Receipt Legal Problems

Warehouse receipt is not only an important legal concept for warehouse contract, but also an important negotiable instrument. Because of the shortcomings of current economic institution and structure , our laws do not prescribe this problem in detail, our warehouse receipt legal system is not perfect, there're still many problems that need to be solved . Based on the situation of our country and taking advantage of other countries' advanced legislations , this dissertation studies on our warehouse receipt legal system in the perspective of warehouse receipt as a kind of security, and defines warehouse receipt as a kind of not material cause,establishing rights,formal,literal security, Namenspapier in principle , Einlosungsapier , obligatory right security ; then in order to make warehouse receipt more negotiable , reconstructs our warehouse receipt legal system , including transfer and pledge of warehouse receipt. And put forward some suggestions on how to consummate our warehouse receipt legal system .Besides Preface and Conclusion , this dissertation is divided into 3 chapters as follows:Chapter 1 mainly discusses the legal characters of warehouse receipt—a kind of security. Firstly, it introduces the concept and characters of warehouse receipt, then comes to the point that warehouse receipt is a kind of security. Secondly, it expounds the legal characters of warehouse receipt—a kind of security. Finally, it analyzes the influence of warehouse receipt as a kind of security on its circulation .Chapter 2 chiefly dissertates the transfer of warehouse receipt. Grounded on analyzing the difference between transferability and negotiability of warehouse receipt, this chapter principally researches the conditions and effects of transfer of warehouse receipt. The writer points out that there are many problems, such as facture,endorse,signature, then brings forward some advice.Chapter 3 primarily probes into the pledge of warehouse receipt. Giving a view of the nature and superiority of pledge of warehouse receipt, it demonstrates the enactment,effects and exercise of pledge of warehouse receipt, and explains the problems, such as endorse,signature and exercise of pledge of warehouse receipt, then gives some advice .