Research On Dynamic Pledge Of Movable Property

Dynamic pledge of movable property is the result of combination of financial innovation and logistics innovation.In practice,pledge banks often entrust their duties of possession,custody and verification to third party management enterprises,such as logistics,etc.According to the place where the pledged property is stored,it can be divided into three types: debtor warehouse,supervisor warehouse,fourth party warehouse,etc.,banks and other mortgagors under different types,mortgage parties such as loan enterprises,and third party management enterprises such as logistics have different rights and obligations,Whether the pledge is effective or not is questionable.The subject qualification of dynamic pledge of movable property,the scope of the subject matter,the dynamic nature of the pledge and the possession of the pledge by the mortgagee are controversial.No consensus has been reached in the theory and practice of whether or not it conforms to the constitutive elements of chattel pledge.By analyzing cases in practice and comparing with the foreign laws such as the 9th Book of the United States Commercial Code and the UNCITRAL Model Law on secured transactions,this paper tries to define the nature of the pledge of movable property as the dynamic pledge of movable property.From the view of the dynamic pledge of movable property,the reflection on the possession of the pledge,the improvement of the public display system of chattel pledge,and the perfection of the realization procedure of chattel pledge,this paper puts forward the path choice of standardizing the dynamic pledge of movable property.