Bills Pledge Endorsement Legal Issues

As a form of rights pledge, bill pledge is definitely stipulated by Chinese Law of Guarantee and Law of Bill, recently, it is accepted gradually and popularized as its advantages of good fluidity and security, which play a uninsteadable role in ensureing trading security and prompting marketing prosperity, therefore, Bill pledge loan is becoming a common hypothecate method of bank credit business. As a special model of bill endorsement, with the purpose of setting up hypothecation, bill pledge Endorsement is the prerequisite of bill pledge in the sense of setting up Law of Bill. However, no matter from the perspicuity of definition, or the certainty of nature or the exertion terms and way of rights, Chinese's regulations on bill pledge is over-inattentive, there is contradiction even confusion, which make trouble for law and regulation researching of bill pledge, even worse, it makes the parties at loose ends in the law practice activity. Therefore, the author combines home and abroad relative law and regulation with academic researching to analyze, research, comb the juristic relationship of bill pledge endorsement in the hope of besteading justice practice.The dissertation is made up of four chaptersThe first chapter is the summarization of Bill Pledge's definition. With the comparison between endorsement of bill pledge and relative legal definition, with the character analysis of endorsement bill pledge which whether belongs to bill conduction or common legal behavior, the dissertation figures out the conception of pledge endorsement, further more it illustrates what's endorsement of bill pledge theoretically.The second chapter is about the instauration and effect of endorsement of bill pledge. In this chapter the author mainly discusses the instauration scope and tenable mode of bill pledge's endorsement, and probed into whether it constitutes bill pledge endorsement under some practical circumstances, conclude the basic requirement of pledge endorsement. On this basis to further discuss the effect of pledge endorsement.The third chapter, right exertion of bill pledge endorsement. This chapter mainly discussing the terms, scope and time limit of right exertion, analyzing the divarication and contradiction exist in academic association, putting forward resolve scheme accord with Chinese present situation of country on the basis of combining reality.The fourth chapter, discuss some practice problems of endorsement of bill pledge. There are many juristic questions in practice of endorsement of bill pledge, the problems of re-pledge and endorsement of impawned endorsement bill, the problems of forbidden transfer impawned endorsement, problems of commissioned endorsement bill's pledged endorsement and problems of late endorsement's pledge endorsement are all included. The author makes academic analysis on current practices, and makes suggestion on the basis of reality.