Study On Movables Liability Repledge

Movables liability repledge sometimes occurs to folk creditor relationship in our country,however,the attitude to this system is not very clear.At present,it's constantly controversial it,so defining the legislation and analyzing the specific application are of great significance to improve legal system and judicial practice.This paper studies movables liability repledge from its property,legislative patterns,current situation,system of cohesion and so on.There are five parts in the whole paper besides introduction and summary.The first part is about analyzing property of movables liability repledge and introduction of legislative patterns.Analyzing legal property of movables liability repledge to lead into the introduction object,at the same time also to lay a theoretical foundation for the rest of the paper.It introduces the legislative patterns of movables liability repledge in various countries and regions by method of comparison research,so as to get more comprehensive understanding of this system.The second part is the basic legal theory of movables liability repledge.This part relates to the constitutive elements and legal effect of movables liability repledge.As for the constitutive elements of movables liability repledge,it is not only necessary to establish the general requirements for the establishment of movables pledge,but also to have some specific constitutive elements.At the same time,the effectiveness of movables liability repledge is mainly centered on the pledgor,the pledgee and the transferor,making its connotation clear of movables liability repledge and grasping it more deeply.The third part is about analysis of current situation of movables liability repledge in our country.Through introducing the different opinions on legal application in legislation,judicature and theory,we can know that there is no agreement on the application of the law applicable to movables liability repledge,putting forward the issues to be solved in this paper.The fourth part is analysis of legal legitimacy of movables liability repledge in our country.It's key point of this paper.From legal explanation,the Property Law of our country has already affirmed movables liability repledge.This view is more consistent with China's legislative tradition and legal system,which is more in line with the interpretation of the paper itself,and more in line with the concept of modern Property Law.The fifth part is about specific application of movables liability repledge in our country.With the admitted movables liability repledge in the fourth part,further studying on connection and application issues on this system with the relevant system.In a nutshell,first of all,it is necessary to make a distinction between the the movables liability repledge and movables acceptance repledge in relationship between the right to the original pledge and transfer and the legal regulation.Secondly,it is necessary to pay attention to the differences between the movables liability repledge and the movables pledge getting by Bona Fidein in the way of the original pledgor retrieving the pledge and the risk taken by the original pledgor.Finally,under the Property Law system in our country,the original movable pledge has been publicized at the time of establishment,That is to say,its as a whole has been publicized,so there is no need to be publicized again.