To Analysis General Claims Pledge Roughly

The ordinary pledge of obligation, which is a type of pledge of rights, belongs to a mortgage with creditor's rights of not securities as its subject. In modern times, the legislation of the pledge of rights plays an extremely important role in promoting the development of the commodities economy. According to one case in real life, this article explained the legitimacy and feasibility that the General creditor's right should be the object of the Pledge of Right, and then reconstruct the scope of our right. Besides the introduction, we still have five parts in this paper.The first part is the introduction of the case. This article is a study paper of analysis of the case, so we take cases as key points. The feature of this case is to manage the bill of lading impawn financing through the way of closed cooperation agreements. In this part we introduced this operating mode first.The main content of this operation is the bill of lading property. Then we explain the reasons of litigation the plaintiff and the condition of trial defense and last judgment of the court.The second part is the focus of controversy over the case and different opinions.In this part, we conclude the focused question of the case.First, whether the bill of the lading can be used to pledge? Second how to express the effectiveness of contract in these cases? Third, whether can we explain the bank business model through baton with claims? Then the views of different interpretations of parties toward the focus are listed.The third part is the case assessment. This section first clarifies the concept of Future delivery right and Future delivery right impawn financing,at the same time, it defined Future delivery right as General creditor's rights clearly, and then analyze three focused problems..The writer thinks Bill of lading of property does not produce effect of real right under the structure of Chinese legislation. The failure of the property does not mean the invalidity of debt contract that caused by the foundation o f property. The effectiveness of contract itself should be defined by the specific standard according to the judgment of contract itself. The contracts involved in this case are valid.Although we can explain the future delivery right impawn financing by creditor's rights transfer theory, we still have some problems here, which showed the losing of bank priorities for compensation. The person who sold the bill of lading or somebody else who repurchase oblige had some debts to pay off, the bank just has the same position as others to receive the compensation. thus the creditor's rights of bank can not totally realize. The writer think that the scale of rights qualitative token should include the general credits and the legislative position of the pledge of right should be established.The fourth part is the reconstruction of the scope of the rights qualitative token.it contains two sections. The first part is to analyze the feasibility and operability of the ordinary pledge of obligation. From the angle of inherent attributes and social needs of the general creditors right itself, the writer prove that the general creditors right could be the right impawn set. From the aspect of the setting of General creditors right and the public view of the general creditors right set explained operative problems of the general creditors right set. The writer believe the set of general creditors right should be defined in written form,in other words, the parties should sign a written pledge contract. The way of transferring the creditors rights certificate and informing the third debtor is not the best way, then the writer propose the fact that notary way is the most rational public method for the general claims set. The second part is the reconstruction of the scope of the rights qualitative token.