Analysis On The Case Of A Dispute Over A Pledged Contract Between A Bank And Asia New Company

With the economic development and rising of civil commercial activities in China,it has been become an general practice approve by the domestic financing institutions about charging rights pledge.However,the legal risks remain during the process of charging rights pledge.Particularly,there are a large amount of legal disputes in the financing guarantee of charging rights pledge.And,the standards and attitudes of the judiciary are different.We believe that the main reason for these disputes and “Co-different sentence” phenomenon is the unclear nature of right of collect fees and its unclear legal position.In this paper,we analyzed the《a dispute over a financial loan contract between the bank and Asia-New Company 》,and got some conclusions in the current legal framework of China: First of all,the charging rights in franchise of sewage treatment is a kind of civil rights.Secondly,it is a property right that can be controlled and can be transferred,therefore,it can be pledged.At the same time,the charging rights can be classified into the category of receivables,so the establishment of the pledge of rights needs to sign the contract and make public registration.Finally,because there are differences between the pledge of rights and the pledge of movable properties,and the legislative blank of the way to realize the pledge of rights in our country,the realizations of the pledge of rights must be more different and convenient.Thus,the receivables’ realizations could have these ways: one is that the creditors directly control the charging rights in order to offset the debt.The others is taking the traditional ways,which is auction or selling off the charging rights,and then having the priority of the payment.