The Study Of The Legal Effect On The Establishment Of Negotiable Instrument’s Pledge-in The Perspective Of Coordination Of The Legal Conflicts Between Chinese Negotiable Instrument Law And Chinese Property Law

There exist legal conflicts among Chinese relevant laws with respect to how to establish negotiable instrument’s pledge successfully. Chinese Negotiable Instrument Law regulates that the pledge of negotiable instrument shall take effect after the pledge endorsement. While Chinese Property Law and Chinese Security Law regulate that the negotiable instrument’s pledge can be also established merely by being entered into a contract and delivering instrument without pledge endorsement. This article holds the view that negotiable instrument should have the general nature of normal creditor’s right which can not be eliminated because of the specific legal effect as the result of the regulation of Chinese Negotiable Instrument Law. Laws in China do not prohibit the monetary creditor’s right can be transferred under the general transferring rules of normal creditor’s right which will merely not take the legal effect under Negotiable Instrument Law. With the same logic, negotiable instrument can also do the pledge under the general pledge rule of normal creditor’s right which will merely take the legal effect of pledge under Negotiable Instrument Law.The first part of this thesis locates the particular conflicts of negotiable instrument pledge in the perspective of legislation and demonstrates Chinese scholars’ main views about the explanation of conflicts, and author also comments on these views in this part.The second part compares differences in perspectives of legal effects and elements of establishment between the transferring rules of normal creditor’s right and the right of negotiable instrument. Author finds that It is not prohibited that the right of negotiable instrument can be transferred under the rules of normal creditor’s right with the method of direct delivery, but in his way it can not take some particular effects under Negotiable Instrument Law such like defense-cutting off, the right of recourse against prior parties, and bona fide acquisition. This part concludes that the right of negotiable instrument can be transferred under the transferring rules of normal creditor’s right.The third part firstly illustrates that the possibilities of transferring a right is the premise of doing a pledge on that right. If the right of negotiable instrument can be transferred under the rules of normal creditor’s right, it can be also pledged under the pledge rules of normal creditor’s right. This part also focuses on how to exercise the right of pledge which is established under the rules of normal creditor’s right.The final part introduces the typical cases about disputes of negotiable instrument pledge to demonstrate that the judgments materially support this thesis’ core view.And this part also does the final conclusion which is that the right of pledge on negotiable instrument can be established without the endorsement.