The Study Of The Pledge On Ordinary Right Of Creditor

The pledge on ordinary right of creditor,is not the innovation of modern civil law,with the change of the concept of "property" in the history of law,this system has been after several twists and turns.But neither perched on rights pledge system or possessed in the vast movables guarantee category,it can not be denied that the system has been in the field of security.Active in the field of the current financing demand, has woke up the once sleepy ordinary creditor’s rights.To allow this sort of huge wealth into the pledge is to give a hope of financing for the enterprise which is facing the serious lack of material collateral.In this article, through the way of reference to national legislation, theory analysis,collecting the actual operation data,making a comparative analysis,and according to our country’s legislative practice,we hope to further improve this system,especially for the core content of it--- the object, the rule of setting up and the public.The first part of this article,firstly,through the way of the objection about the history of warranting object,it can certain that common creditor’s rights as collateral object has a solid historical and theoretical basis. Second, affirmed that the ordinary creditor’s rights shall not be set mortgage but pledge.In addition,this section also define the concept of the pledge of general creditor’s rights and then analyses the nature of theory named right target on general obligation of pledge.The last,this section analyses the present point called types of famous debt about the discussed system’s nature.The second part is about the object of common creditor’s rights pledge.First this section certain two elements---property and alienated ability,are the core of pledge for a common creditor’s right,and then it analyses how to define alienated ability according to three points---the nature,the legal regulations,the agreement between parties of relinquishment of the creditor’s right.After discussing the core of setting pledge as a general creditor’s rights,this section also discuss several common creditor’s rights---export rebate account,the charging rights and insurance claims,consider that they are all suit to be set pledge.Although they have the same common feature as the general creditor’s right,in fact there are some difference from the common creditor’s rights in the alienated ability.It point out that such rights’ relinquishment always tend to be affected by administration and civil subject from creditor rights’ external. Through from the general to the individual, the more general to the specific analysis, we hope to achieve the improvement of the rule on setting and the public of ordinary creditor’s- rights pledge.In the third part,discussing the core of the ordinary creditor’s rights pledge is the main content.This part analyzes the general axioms of the setting and the pubic of the discussed system.It consider that the core of setting a pledge on ordinary creditor’s rights is establishing the inside limited legal relationship,and the key of the public of pledge on ordinary creditor’s rights is to establish the outside limited legal relationship.Under the guide of the general axioms,this section point out the general rules of setting and the public of the discussed system.What set a pledge on ordinary obligation is the notification to the garnishee,and what to make public is to register in the book.Secondly,in order to echo the above analysis of personalities of several obligatory rights,with building the general rules,this section also discuss the personalities of the setting and the public regulations of this several obligatory rights.Through the way of collecting and debating information,in the base of keeping to the general axioms,the content of this part change the rules a little of setting and the public according to their own characters.The fourth part puts forward the ideas of the frame structure of the system firstly. It should be defined that ordinary creditor’s rights has the same position with other types of rights in the framework of rights pledge such as property rights.And it should establish the common and special rules of setting and the public about pledge on general creditors’ right. Secondly, it put forward the advice about amending the pledge rule of depository receipt and insurance law in our country.Then it is recommended that we should make object system of the discussed pledge with elastic in our country.It may authorize the legal departments to list and timely increase the ordinary creditor’s rights proper to be set pledge,so that it can decrease the cost of people’s cognition of law. At last,on the basis of pointing out the principle of protecting the garnishee,it should confirm the legal status of the third debtor according to the analysis of legal behavior that inform the garnishee or promise from them.