Research On The Effectiveness Of Specific Account Guarantees

With the development of economy,there is no doubt that civil subject also need transaction mode innovation.Both the theorists and practitioners are now changing their attitude towards the new transferred guarantee mode,this can be seen as the transferred guarantee mode firstly was negated but now it was recognized if under unique account.The categories of pledge subject matter also changes in the legislative process.Rather than before,that only the person who possessed the Subject matter of pledge have the right to pledge,now who control the subject matter can also have this right.It is both theoretically and practically acceptable to use unique account as subject matter of plege in our country.To regard specific account as valid subject matter for pledge is in full compliance with the current development status of the society.The two key problems of the the pledge establishment is:if the pledge is valid and the interests balance between pledgee and the creditor.To analyze the pledge effect of the unique account,we can focus on trading mode and establishment of movable property rights.the Supreme People 's Court,in Guidance No.54,confirmed that currency is a special kind of movable property.This thesis affirms that unique account can be valid as a subject matter of pledge.Combine current development status with foreign laws,this thesis try to make suggestions for the pledge legislation of movable property.Theoretically speaking,using unique account as a new type of ledge guarantee is still under exploration,but it has been used widely in legal ctivities,for example,financing,debit and credit,business combination and third party payment.The types and contents of Real Right is created by law,this has been stipulated by the Property Law of the People's Republic of China,so as the General Rules of the Civil Law.The legislators seems to be disagree with the changes on the types and contents of Real Right,while in the reality,such kind of pledge was frequently used by the civil subjects because of its easy to be use and achieved.The fundamental purpose of any civil law is to serve the social and civil subjects,also the development of society.Social development need transaction mode innovation.This also need to be reflected in the civil laws.From the legal norms of legislative purposes,this thesis analyses the mode of using unique account as pledge subject matter,including the contents.Draw lessons from other countries and regions of the pledge guarantee system,the author also try to improve the quality of the subject in the pledge system.Confirmed unique account can be a valid object of the real right,this also means unique account as a subject matter for pledge is legal and acceptable.The first part reviews the current pledge subject matter,then define the new pledge mode and clear the value of using unique account as pledge subject matter.The second part analyses the legal relationship of the common pledge guarantee mode,and concretely demonstrates the legal relationship,establishment and realization of this mode.The third part makes a comparative analysis of this problem from the view of comparative law.The fourth part put forward the suggestions on legislative amendments of movable pledge subject matter through reference to laws of other countries and regions.