| Margin pledge, hypothecation is the way the current market economy, widely used, is a means to guarantee commercial bank business critical. On the one hand, "Property Law" has not been clearly defined legal status of deposit pledge; on the other hand, with the financial and economic development, different types of margin collateral in practice have been generated, the existing laws and regulations have been unable to include, on deposit guarantee there are also controversial legal nature of reality and the law led to the derailment contradictions breed, legal gaps result in margin collateral dilemma embarrassment. Therefore, a sound system and the deposit pledge to resolve issues related to deposit guarantee is particularly urgent.In addition to the introduction and conclusion, the thesis is divided into four chapters:The first chapter analyzes the legal nature of the margin, the impact point of the dispute through the analysis of the legal nature of the deposit and the presence of the legal nature of the margin set analysis, the author finds that the nature of the deposit guarantee.Chapter Ⅱ pledged to the relevant provisions of the existing law of margin defect analysis. This chapter relevant to analyze existing law, the lack of a clear pledge from the secured position margin, the margin is too narrow range of collateral type, fuzzy three aspects of effective elements analyzed and discussed.The third chapter analyzes the legal risk margin collateral in practice exist. This chapter of the local courts, "co-different sentence" official point of view to analyze and practice the pledge from the debtor risk, the bank itself three angles discussed margin.The fourth chapter is a sound margin Pledge legal advice. On the basis of the first three chapters of this chapter, based on the defects of the existing laws and regulations, the practice of risk, improve relevant systems proposed recommendations. In order to improve laws and regulations, fill loopholes, to meet the needs of the practice. |
PDF Full Text Request