The Creation Of General Pledge Of Obligation

The intangible property get increasingly important in the society. Because the strong financing capacity of general pledge of obligation, it becomes more and more crucial in the areas of security interest. But due to the lack of regulation about the range of object and the creation of general pledge of obligation, it brings inconvenience to the judicial practice, therefore, it is urgent to perfect the related theory and legislation of general pledge of obligation. The passage is divided into four parts: the first part discusses the range of object of general pledge of obligation,and it can be characterized as transferable and non-personal. As general pledge of obligation has not been defined as pledgable, so when it comes to new kind of pledge of obligation, it cannot be regulated, and it limited the application of general pledge of obligation. So it should be clearly put in the law, and specify and restrain its range. The second part discusses the function of delivery, and it cannot be the only condition of creation of general pledge of obligation. The third part argues that we should reconsider the necessity of noticing the third debtor. Noticing the third debtor has its own disadvantage that it cannot go publicity, so it cannot bear the responsibility of creating the general pledge of obligation. The forth part suggests that registration can be the element of creation of general pledge of obligation, and we should develop and specify the system, and establish substantial examination liability of the registration agency.