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A Study About The Pledge Of Right

Posted on:2012-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y G LiFull Text:PDF
GTID:2216330338950363Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With economic development, the concept of property changes, most national legal system provides for Pledge of rights, Chinese legal system of Pledge of rights was shaped since the "Property Law". For the reason of the legislation and judicial practice time is short, many different detailed are imperfect, there are still some different stringent requirements. The Shortcomings is mainly in the scope of the subject of Pledge of rights, legislative style, the right way to set the right quality and related systems. In this condition, the author comparing the relevant systems of Pledge of rights and various theories home and abroad making a more comprehensive analysis and discussion on Chinese Pledge of rights system.The first chapter in this paper is overview of the pledge of rights.Concerning the concept of pledge of rights, legal nature, legal characteristics, system evolution, etc. and the following chapter is the comparative Analysis of the two legal systems in several countries about pledge of right, Including the Germany Law, France Law, Japanese Law, UK Law and American Law on the pledge of rights or similar guarantee system to illustrate the unique characteristics of each system. Chapter III is stating the unique advantage of pledge of rights which based on comparing the pledge of rights and pledge, the pledge of rights and Mortgages, etc. Chapter IV will combine domestic and international law focus on pledge of claims (including claims about general credit quality and stock rights), equity pledge (including the Corporation shares and limited liability companies pledge quality equity rights), intellectual property rights pledge, in addition, the right to insurance claims set quality are described too. Finally, in the last chapter, put forward a sound proposal which based on combination of before chapters, giving some suggestions about our current system of rights pledge including Legislative Framework, the range of the pledge and associated system imperfections.
Keywords/Search Tags:Guarantee, Pledge, Pledge of rights, Subject of right, Established of pledge
PDF Full Text Request
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