Research On Legal Issues Of Dynamic Mortgage

Dynamic pledge refers to the pledgee to pledge to the pledgee with its own legal movable property, as guarantor of debt repayment. The supervisor will manage the pledgee in a certain period, and under certain conditions, the pledg.It can extract the replacement of the financing of material security way. The dynamic pledge has the legal character of liquidity and possession of material by third party supervision.Dynamic pledge system has the shortcomings to make up the traditional pledge, to meet the practical needs of SMEs financing needs of the real value, but in theory, the dynamic pledge is contrary to the legal principle of property rights and set the publicity method is still controversial,dynamic pledge set.There is also a lack of discussion on the issue of conflict with other rights. In practice, there are two modes of operation of dynamic pledge, namely the mode of transferring the pledge of movable property from the pledge field, and transferring the movable pledge to the supervisor. For the pledge of movable property does not transfer the mode of delivery,the transfer of property does not occur in violation of the principle of real right delivery, the model should be the essence of chattel mortgage, in practice, such as insisting on the name of the pledge of property rights violation of legal principles, and there is a Large legal risks. Dynamic pledge as a form of chattel mortgage, not to create a new real right in the pledge of movable property transfer out of the library model, you can use the legal principle of property rights to ease the said it can meet the legal principle of property rights to demonstrate. There are two kinds of theories about the imposition of the dynamic pledge. The pledgee and the pledger do not reach the two specific legal relations which are required by the change of possession. At the same time, it is difficult to transfer the pledge to achieve the pledge of publicity, it should be for the pledge is not transferred out of the library is the way to complete the transfer of possession of the doctrine to be refuted. The pledge of the transfer of movable mode of delivery of the delivery mode is essentially the actual delivery, the pledgee is indirectly through the custody of the pledge. The model as a dynamic pledge of this new type of security mode of operation, not only to protect the securityof transactions, but also get the property law theory support. The realization of thedynamic pledge is to convert the pledge from the flowing state to the fixed state, thatis the crystallization process of the pledge. After the property of the pledged propertyis fixed, the conditions and ways of realizing the pledge are still in accordance with the conditions and ways of realizing the general pledge of movable property as stipulated in the Property Law of China. When the dynamic pledge in the realization process and the mortgage, ownership retention, assignment guarantee and priority conflict, should be specifically discussed in order to determine the specific order of the relationship.