| In traditional theory of civil law and practice, the subject matter of pawn is only confined to chattel, transfer of its possession is required to constitute business pledge, and real estate is excluded from business pledge. With the return of pawnbroking in socialist market economy, it has new connotation. Mainly, its business scope is enlarged, and the subject matter of pawn is extended from tangible property to property right, from chattel to real estate. Pawnbroker operates in the mortgage of real estate, which becomes a new point of economic growth in the development of pawnbroking. Chapter 1 of Measures for the Management of Pawnbroking (Economy and Trade Committee of the Country,2001) defines "pawn" scientifically, and provides that property right and real estate can also be the subject of pawn, thus the breakthrough of traditional business scope in pawnbroking is approved by legislature. The author analyses and researches some legal issues involved in pawn practice. |
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