Study On The Garantee System Of Inventory | | Posted on:2009-10-03 | Degree:Master | Type:Thesis | | Country:China | Candidate:C M Cao | Full Text:PDF | | GTID:2166360272974508 | Subject:Civil and Commercial Law | | Abstract/Summary: | PDF Full Text Request | | In the market economic system, the full utilization and rapid flow of the property of people have become an important means of wealth creation. In the various types of property of the enterprises and individuals, the type and value of the inventory of movable varieties has increased. Thus the inventory plays a more important role in the socio-economic life. In the tradition of civil law, the agreed security interests can be divided into the collateral system of the real estate and the pledge of movable property. As the greatest feature of the inventory pledge is the transfer of inventory from the possession of the parties to the transaction, it is not the most economic choice for the parties. But the inventory system has made up more collateral inadequate. Since China's "Property Law" clearly affirmed the inventory system and floating mortgage collateral system, the provisions of the publicity, the priority rules and the private relief fail to guarantee a reasonable balance between the parties and protect the security transactions because the legislation was limited by the level of economic development and theoretical research degree. As a result, the author makes good use of the way of comparison to explore the path and method to improve our inventory security system.The article mainly consists of the preface,the main body and the conclusion. On the base of introduction of the importance of security in the study of foreign legislation, the preface complies with the purpose and the focus of writing this paper.The body has been divided into six parts:The first part points out that the form of a guarantee for a single pool of inventory and a set of inventory on the basis of defining the concept of inventory and conclusion its features. Then the article discusses the importance of the inventory security.The second part analysis the three forms of inventory security and points that the inventory of floating mortgage inventory will become the main form of security on the basis of analysis its pros and cons.The third part describes the importance and the effect of the publicity of the inventory security on the basis of introduction of its forms and registration and publicity.The fourth and fifth parts describe the transfer of inventory, as well as the conflict of interest between the security interest people. The author proposed the reconstruction of our inventory secured priority rules to balance the interests among the guarantors. The sixth part simply analyses the general realization forms of the inventory guarantee. Then the author proposed some recommendations on the re-establishment of floating mortgage inventory, as well as the crystallization of its own rules. Finally it says that the implementation of the movable guarantee should be introduced in way of self-relief system as well as the relief of the public.Conclusion is a summary of this article. | | Keywords/Search Tags: | inventory charge, floating charge, ways of demonstration, inventory mortgage | PDF Full Text Request | Related items |
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