The ordinary pledge of obligation, which is a type of pledge of rights, belongs to a mortgage with creditors rights of non-securities as its subject. The property nature and transferability of creditors rights make it possible to exist; the characteristics in itself and the protection of transaction make it necessary to exist. This paper contains 5 parts. The first part emphasizes on the concepts and nature of an ordinary pledge of obligation; the second part expatiates on the significance of it from the aspects of its possibility, necessity and legal bases; the third part, which is the emphasis of this paper, expounds the specific contains of it from the aspects of its party, subject, establishment, scope, extinction and application of laws; due to my own interest and the lack of study on it in our country, I make some differentiations and analyses between the ordinary pledge of obligation and its related systems like cession, subrogation, mortgage of commodity houses and letter of credit in the fourth part; and according to the above, the last part discusses simply how to stipulate the ordinary pledge of obligation into the law in order to consummate the system of pledge of rights of our country. During the dissertating, I introduce some points of view of some scholars at home and abroad, combining the Law of Guarantee of our country and its related constructions and stipulations with the laws and stipulations of Taiwan, Japan, Switzerland and other countries or regions, and set forth tentatively some views of my own on some issues combining theories with practices. As I have a little knowledge and learning, there must be some errors in this paper. Therefore, any criticism will be welcomed. |