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Ordinary Creditor Of The Right Quality Legal Research

Posted on:2012-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:S ChangFull Text:PDF
GTID:2206330338491584Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of social economic, financing has been generally required. And, instead of guarantee, financing has also become the center of the real right for security. General pledge of obligation is active again by the excellent command of financing and increase in importance of life. Pledge of obligation is indispensable for the vigorous development of market economy and the implementation of obligatory right. It's the inevitable result of the civil law transform with the social development. Proceed from the requirement and protection of transaction security, the modern civil law makes the real right for security interrelated with the obligatory right. General pledge of obligation is a typical pattern of pledge of obligation. In this paper, the author has analyzed general pledge of obligation from the view of legislation in both home and abroad. The problem of the debtor has been elaborated. According to the situation in our country, feasibility and actuality and necessity of regulation on general pledge of obligation has been further clarified. Improving the system pledge of obligation is the needs of modernization drive. Therefore, in the final, combined with the legislation realities, the author gives some suggestions on improving the system pledge of obligation with a view to full play the role of pledge of obligation for the economic expansion. The paper consists of four parts. The first part is the introduction of pledge of rights. By defining the concept of pledge of rights, history, definition, character and kinds of the general pledge of obligation, the theoretical basis has been found. The second part is the creation and transference of general pledge of obligation. To take general pledge of obligation for an example, the author has analyzed the significance of create general pledge of obligation, then introduced the rule and the condition of create it and the transference after create. The third part is the force of general pledge of obligation. The guarantee scope, the object scope and the realization of rights has been briefly described. The problem of the debtor in general pledge of obligation has been analyzed in detail. The fourth part is the completion of pledge of obligation. The author points out the problems of pledge of obligation in China, and makes a suggestion for the completion of pledge of obligation.
Keywords/Search Tags:Pledge of rights, Pledge of obligation, General pledge of obligation, The debtor
PDF Full Text Request
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