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Pledge Of Rights

Posted on:2007-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:H G ZhangFull Text:PDF
GTID:2206360212970599Subject:Law
Abstract/Summary:PDF Full Text Request
Right's pledge is one way to make social property existing with right and negotiable securities in guaranteed system of law . It's a primary way to ensure creditor's rights implement more safe , convenient and quick. Right's pledge was germinated in the early rome's era . Now it is affirmed by all the countries . It means the debtor or the third person can use a right which without ownership and usufruct of immovable property to assure he (or she) will perform the debt. When the debtor don't perform the debt in time , the creditor can dispose the belongings' advantage in this right and gain a preferential right for compensation. This system is no all roses , especially because it engendered too late in our country .There are not enough practices of this system , so it brings many perplexities .We should do some thing to make this system more perfect and exert its all the effects , This thesis generally introduces the pledge's history .meanings , status in our guaranteed system of law and its values . This thesis also analyzes the right's pledge's perplexity in our country and brings forward suggestions to perfect it from five aspects .There are about forty thousand words in this thesis, including four chapters.Chapter one , Outline of the right's pledge's history ,meanings and connections with other guaranteed manner. I expatiate the pledge's essence and status in the guaranteed system of law. The essence of right's pledge isn't alienation of property's rights but its lien .It has an important history and status in the guaranteed system of law.Chapter two , Aims of the right's pledge .This chapter brief introduces the right's pledge's aims from our country's guaranteed law and correlative regulations .I bring forward security is the principal aim of the right's pledge . I also think equity and efficiency are important aims to embody the right's pledge's guaranteed functions.Chapter three , Perplexities of the right's pledge .This chapter brings forward perplexity of right's pledge in our existing laws .They are including the following contents , Right's pledge is an action which belongs to real right or creditor's rights .the range of it is so limited that it can't adapt the social's changes .There are no specific regulations of the pledge's enactment .How to recognize its effectiveness when mortgage and pledge are both...
Keywords/Search Tags:Right's pledge, Value and aim, Perplexity, Perfection
PDF Full Text Request
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