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Commercial Banks Financial Products Pledge Legal Issues

Posted on:2019-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:R Y TianFull Text:PDF
Abstract/Summary:PDF Full Text Request
Commercial Banks generally carry out pledge loan business of financial products,which has legal risks.The problems existing in the pledge of financial products include: the legitimacy of the pledge of financial products is in doubt,there is no legal basis for the pledge of financial products,but commercial Banks have widely carried out this business.The scope of pledged financial products is unclear.Commercial Banks generally only accept the financial products issued by the bank as pledge objects,and some financial products that are not suitable for pledge are also pledged.Wealth management products pledge is the lack of public standards,publication of the commercial bank has taken a different approach,some courts hold that wealth management products in the judicial practice pledge shall take delivery of the public,while others think that should be taken to the registration of the public.Some judicial cases in practice reflect these problems.In pledge is in line with the real right legal principle theory of product on this issue,there are two opposing views: one is that wealth management products pledge,violate the doctrine of numerus is to identify products pledge as rights pledge must modify the legislation;Another view holds that the pledge of wealth management products conforms to the legal principle of real right,and the pledge of wealth management products belongs to one of the pledge of right stipulated in the property law.Pledge of wealth management products does not conform to the legal principle of property rights.Pledge of wealth management products should be incorporated into the law as a new kind of pledge of rights,which can not only meet social needs,but also eliminate legal risks.The scope of financial products that can be pledged is not yet clear and needs to be clearly defined.From the perspective of pledge of rights,can be used as the subject matter of the pledge products should meet the following criteria: financial product belongs to the transfer of property rights,wealth management products should have protected sex,wealth management product contract pledge has not been ruled out.Break-even floating income class financial product and break-even guarantee income class financial product fixed principal,as the implementation to guarantee right of pledge target,not guaranteed financial products with higher risk is not suitable as a pledge of mark,the financial product contract do not pledge of wealth management products and not as a pledge.In terms of real right of pledge of wealth management products fair show,the commercial Banks in the practice,adopted by different method,the method generally do not produce the potency,combined with the existing laws and regulations,and the characteristics of the financial products,financial product pledge shall be made in the people's bank of the pledge registration authority and configuration register of the public system.Current commercial Banks for its financial product pledgee has taken a different implementation methods,such as agreed upon in the financial product maturity bank can draw customer accounts,agreed early termination products signed contracts,Banks and investors both parties agreement lien,etc.,the lack of implementation method is failed to fully adapt to the characteristics of financial products and the pledged property loses value may influence the realization of financial product pledge,for these deficiencies of improve the system of including analogy apply to unwind and track the pledged property value.
Keywords/Search Tags:Pledge of rights, The real right legal, The real right of the public, Realization of the right of pledge
PDF Full Text Request
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