Research Equity Mortgage System

Pledge of stock rights as a pledge of rights guarantee way, compared with not thechattel mortgage and pledge of movables by way of security, has its uniquesuperiority.This guarantee is more and more financing preferred.But because it spansmultiple department law, showing a cross and relative to the complexity, contradictionbetween the departments of law and regulations, so that it cannot be a faction system.Butbecause the overall principle is relatively simple, in practice, not with the correspondingprogram to be guaranteed, thereby increasing the equity pledge legal risk.The legal valueof the equity pledge as a guide, through the analysis of the basic theoretical issues ofequity pledge, in order to help for the legislation and practice.The full text altogether four chapters.The main content of the first chapter is anoverview of equity pledge.In the beginning of the article introduces the concept andcharacteristics of the equity pledge, analyzes the equity pledge superiority manifestscompared with other ways of pledge; then demonstrates the nature of equity pledge,highlighting the power subject that rationality; then from three aspects of guarantee,financing, benefit simply tells the equity pledge function; finally presents the formationand development process of equity pledge.The second chapter is mainly on the pledge of stock rights and effectiveproblem.From the subject of equity pledge, pledge of stock rights into effect and publiccontract and the pledge of share rights three aspects.The third chapter is mainly about the validity of the equity pledge.Effect of equitypledge is the core content of equity pledge system, and is one of the core content of thispaper.The content of this chapter on the pledge of equity debt range, mass effect and theconfrontation right, rights enjoyed by the pledger were explained, and discuss itsimplementation.The fourth chapter on the base of each part of the pledge of stock rights, the relatedproblems in the practice of law is analyzed, and the specific case to deepen understandingof equity pledge.