Research Of Legal Issues On Pledge Of Warehouse Receipt

Pledge of warehouse receipts is a financing means which emerging in recent years.The enterprise establishes warehouse receipt pledge through transferring the possession of warehouse receipt to the bank,in order to guarantee the performance of the debt to the bank.To a certain extent,it can solve the difficult problem of financing for the enterprise.But in practice there exists very complicated legal relationships and very little legal regulations in the field,so many business operations and rights and obligations of the parties depend on the agreement of parties.Currently,people's knowledge of the warehouse receipt is not very comprehensive,and the application is not standard,leading to a lot of legal risks of warehouse receipt pledge in practice.In addition,the theoretical opinions of some legal issues are different,which leads to different understandings on these issues,then hinders effectiveness of the warehouse receipt pledge in financing.This paper focuses on the legal relations of pledge of warehouse receipts,studies and analyzes the related legal problems in it,then put forward reasonable viewpoints suggestions of countering legal risks.This paper is divided into five parts except introduction and conclusion.Chapter ? is an overview of the warehouse receipt pledge.Starting with the concept of warehouse and warehouse receipt pledge,this chapter defines the nature of the warehouse receipt pledge.In addition,this chapter explicitly analyzes the scope of warehouse receipts which can be set up pledge and the main legal relationships of the warehouse receipt pledge and the connections between them.Chapter ? is on the establishment of warehouse receipt pledge.This chapter mainly analyzes the the premise of setting up of warehouse receipt pledge and the influence of the written form of the warehouse receipt pledge contract,endorsement and the depository signature are necessary to the establishment of warehouse receipt pledge.Chapter? is on the validity of the warehouse receipt pledge,mainly analyzes the scope of validity of warehouse receipt pledge and the effect to the pledgee,the pledgor and the depository,including their rights and obligations.Chapter? is on the the implementation of the warehouse receipt pledge,mainly discusses three contents.The first one is the conditions and ways of implementation of the warehouse receipt pledge;The second is the different influences to the implementation of the warehouse receipt pledge made by the connection of the delivery date and the debt maturity date;The third is the realization of the warehouse receipt pledge in cases of release without warehouse receipt and repeated pledge.Chapter ? is on the legal risks of warehouse receipt pledge and precautionary suggestions.At first,this chapter analyzes that there exists legal risks in pledge of warehouse receipts,including repeated pledge,the publication disadvantages and the uncertainty of liabilities of investigation of ownership of the cargoes and inspection.Then this chapter gives some precautionary suggestions,including building a perfect system of the warehouse receipt pledge registration,clearing liabilities of investigation of ownership of the cargoes and inspection,Actively promoting the new national standard of the warehouse receipt and scientifically managing warehouse receipt,establishing and improving enterprise credit rating system and covering insurance on the goods.