Pledge Of Rights Research

With the continuous growth of the market economy and the increase of the amount of transactions,the right of pledge, a security vehicle with distinctive features of contemporaneity, is playing a role of increasing importance for bringing prosperity to the economy and capital financing. But, China's current system for right pledge is flawed with numerous defects. As it can no longer meet the requirements of the reality and has become an obstacle for the further development of the right pledge, a revision of the relevant law has become necessary. Consequently, an in-depth analysis of this subject with both theoretical values and practical significance is justified. This article studies the current regime for the right pledge through theory and practice and points out the flows existing therein resulting from the regrets in legislation, offers proposals for legislative amendments.This article consists of the following chapters.Chapter One provides a general outline for the right of pledge, and discusses such fundamental issues as the concepts of right to pledge, its nature .functions and subject matter, as well the categories of the right pledge's subject matter. The categories of the right pledge's subject matter includes creditor's rights, portfolio, stock rights, intellectual property rights, and other property rights .Chapter Two studies the deposit pledge. The subject matter of the deposit pledge is the deposit Its effective establishment must have the formation of the written pledge contract by the pledger and pawnee and Shell out the deposit to the pawnee. Then discusses several diverging questions of the deposit pledge. The effect established factors of the deposit pledge to the assignment of creditor's claim; the effective establishment of the deposit pledge having no use for agreement of the bank or other financial organ presenting the deposit; the legal significance for the bank or other financial organ presenting the deposit distinguishing and accrediting the deposit; legal consequence of the pledger aliening the pledge by the others deposit; assuming responsibility of the the pledger aliening the pledge by falsified or altered deposit and by inauthentic depositChapter Three focuses on the pledge to bill. This chapter discusses such issues as the...