Research On The Application Of Pawn Term After Dead Pawn

In the history of pawnbroking in china and the international oldest nature of thenon-bank financial sector, it is the model and origin of modern banking. Because thepawn has characteristics of simple and rapid financing, pawning developed, but moreand more disputes come with it. The problems of the interest rate, fees and penalties ofdead pawn were particularly extruded. Article40th of the pawn and management, afterthe expiring of pawn or deadlines, no redeeming or no continued at the time of overdueis called dead pawn. The pawn and management rules in this section only offered theconcept of dead pawn, but it was not provisioned on the points of interest, fees andpenalties of dead pawn. In the practice of making know and practices vary, this bringsto the court to dead with such disputes certain bothered.This article as that Xinda pawn company is suing Cheng Zhenggang, Wu Aiying atWuhu city Anhui Province in the year2008an example, in conjunction with thejurisprudence and the academic view point in the paper, the applied rules of that theinterests fees of dead pawn, the applied rule and how to uncertain the amount of theliquidated term, making a specific statement and then to put forward my own views, tohelp the administration of justice in the future.This article consists of four parts. Chapter one analyzes basic fats and three focus ofcontroversy, in this case around that interest term how to applicable, comprehensivecost whether need to continue payment after dead pawn, and the effectiveness of theliquidated term after dead pawn. Chapter two analyzes the application of the interestterm after dead pawn. First, considered whether it should continue to charge interest,this needing points to consider, divided into the value of pawnage is more than﹩30,000and less than two cases. And analysis in the case of interest receivable, it’sstandard. The current theory and judicial practice standards were recognized by: it termsof the people’s bank lending rates four times in the same period and treated as that formthe continue expiry to dead pawn. Finally put forward my own point, as the standards ofinterest during the period. Chapter three analyzes the problem of comprehensive costafter dead pawn. First of all, to define the concept of it, and analysis it’s nature. Andthen analysis from four aspects the reason of comprehensive cost was not charged afterdead pawn. Finally came into a conclusion that the pawner needn’t to charge the cost after dead pawn. Chapter four analyzes when the contract appoints the liquidateddamages term of the behavior that no outstand loan after dead pawn, the problem ofhow to apply articles. First of all, refuting of views of identifying significance. Thendiscuss the reason of identifying effectively. Finally, discussing the standard ofliquidated damaged based on recognized the type of penalty is valid.