On The Agreed Guarantee The Property Rights System In The Application Of Bank Credit Business And Innovation

This dissertation,regarding the theme of the guarantee real right system's application and innovation in the operation of bank credit as objective of conducting research,at first,carries out the relevant study in terms of origin and development concerning agreed guarantee real right both at home and abroad,for the purpose of making readers fully understand origin,development and legislation change concerning agreed guarantee real right both at home and abroad.Next,integrating with something concrete about China's bank credit operation,this dissertation expounds from the nine aspects in terms of the existing inadequacies of application in the process of the bank credit operation development concerning the agreed guarantee real right system prior to enforcement of the Law of Real Right,involving positioning deviation of future house mortgage system legislature,mortgage or pawn contract taking effect failing to separate from the right of mortgage or pawn establishment, failing to legislate in terms of the highest amount mortgage right,and being lack in law support in terms of the ordinary creditor's rights establishment.Then,this article expounds the concrete application and innovation in the process of the bank credit operation development concerning the agreed guarantee real right system after enforcement of the Law of Real Right,of which this article deals with the agreed guarantee real right from the four aspects.Concretely,this includes the application of the mortgage and its related system in the process of credit in a bank,the application of the highest amount mortgage right in the operation of the bank credit,the application of the floating mortgage system in the operation of the bank credit and the application of accounts receivable in the operation of bank credit.In addition,in terms of the innovation of application of the agreed guarantee real right in the bank credit guarantee,the description has been made by combining with facts from the two aspects involving the innovation of the fund share mortgage against fights pawn right and the chattel pawn rights on goods mortgage financing.Finally,in accordance with the research result,integrating with practice of ruling by law of our country,the pertinent suggestions and scheme was put forward in terms of how to perfect or promote the application of the agreed guarantee real right in the operation of the bank credit.