On The Pledge Of Ordinary Creditor 's Rights

On June19,2013, prime minister li keqiang presided a state council executivemeeting, the meeting proposed to optimize the financial resource allocation, withgood ways to use the incremental and revitalize the stock, a powerful economicsupport of transformation and upgrading, make the China’s economy updated version.revitalize the stock is the integration and take good use of the existing assets, preventof waste assets. The current economic development in China is facing a verycomplicated situation, economic structure unbalance, steel, cement and otherindustries and the serious excess capacity of production. state-owned enterprisesoccupy a large number of idle assets, emerging industries,"agriculture, rural areas andfarmers", small and micro businesses are facing a difficult puzzle of financing formany years; As of the end of may2013, the balance of deposits is99.31trillion yuan,the money stock close to one hundred trillion yuan, the intention of the state council istried to finance leverage, through the adjustment of the market, prompt the capitalflows to the imperative places, make economic structure head for the balance.Company is one of the most active factors in microeconomic fields, for the companies,the stock of assets refers to the company all confirmed assets.take on a company’saccount receivable, intangible assets, in good use of "revitalize the stock of thischess," under the background of the current "money shortage",the companymanagement behaviors has important significance. Economists acleod in the principleof economic law, puts forward the idea that if we ask who is the most profoundimpact human of finding out wealth? After deliberate thinking we found that theanswer is the first discovery of creditor’s rights is the person who can sell the goods.The classification of the creditor’s rights? Whether pledge for ordinary creditor’srights? Theory circle have the bigger differences.in practice, the problem also needto address in the process of ordinary creditor’s rights pledge. Put forward our country Ordinary creditor’s rights pledge problems in the theory and practice and go on toanalysis deeply, how to balance the concerns of various stakeholders dynamic andhow to play the function of the real rights for security and "take", achieve the purposeof legislation; Through the theoretical analysis for ordinary creditor’s rights pledgeeligibility theory specific introduce several typical of the ordinary creditor’s rightspledge objects; To sign the pledge contract, delivery of creditor’s rights certificate,registration, notify the third detor’s, to analyze the above problems,points out thesolution of these problems; reasoning the Scope of the validity of the pledge, promptthe balance of rights and obligations of the parties interested persons, also for therealization ways of the creditor’s rights pledge, generalizes the orders and rules.Compared to the property law in terms of security law in our country, has enumeratedclearly the type of accounts receivable pledge as pledge rights,but the rights range isnot clearly defined, the rights of stakeholders conflict and realize the pledgee’s rulesof order also do not have specific provision, notice the lack of third detor person, takethe accounts receivable pledge financing practice is restrained, and led to the reality of"closed the receivable agreement" and other secured financing way; Coined with the"uniform commercial code" of American of9term "chattle guaranty" regulation,proposed a number of thinking paths that our country account receivable creditor’srights pledge financing...