Research On The Problem Of Dynamic Pledge

Dynamic pledge is a new guarantee mode born under the more developed economic environment of financial industry and logistics industry.The key characteristic of dynamic pledge is that the pledge person can replace the pledge "barter" dynamically during the pledge,and at the same time,in order to protect the creditor’s rights,the two sides make the agreement of the minimum value threshold for the range of the pledge price value of "barter",so During the establishment of dynamic pledge,more demand is put forward for the supervision of the value of collateral.New type guarantee research team of the Second Civil Trial Division of the Supreme People’s Court after studying and researching the referees in practice,it is only clear that dynamic pledge is a new form of guarantee,and its effectiveness and adjudication issues have not been further reviewed.Dynamic pledge,as a new form of guarantee,is produced in the practice of market economy,which not only reflects the demand of the market,but also breeds new disputes and problems because of the lack of adjustment and protection mechanism.In judicial practice,there are serious differences on the nature definition and validity determination of dynamic pledge,and there are many legal problems,such as different decisions and difficulties in the dispute involving dynamic pledge.The purpose and value of theoretical research on the new form of guarantee is also to equalize the relationship between market freedom and rights guarantee,to try to reduce its negative effects,to provide solutions for the problems that have arisen,to make rational guidance or judgment,and then to act on the market economy and promote the healthy development of social economy.This paper will study the mode characteristics,setting form,publicity mode,effectiveness and realization of dynamic pledge.The full text will be divided into four sections:The first part explores the "yes" and "non" caused by the characteristics of the qualitative right established by the dynamic Pledge mode in the theoretical research and judicial practice.This paper combs the characteristics and practical status quo of dynamic pledge,analyzes the characteristics of dynamic pledge and its advantages in practice,analyzes the judgment differences of dynamic pledge in judicial practice,in order to perfect the understanding of dynamic pledge and promote the benign development of dynamic pledge.The second part discusses the "legal argument" caused by the establishment of the qualitative right in the dynamic pledge mode,that is,the issue of the most intense debatecaused by the dynamic pledge in the academic circles--whether the establishment of the quality right in the way of dynamic pledge conforms to the legal principle of real right.In the establishment mode,this paper holds that the dynamic pledge because of its own characteristics of the regulatory needs and pressure,and there is no mandatory requirements for the supervision of the subject,the establishment of dynamic pledge and whether there is a third party participation is not necessarily linked,should be the establishment of dynamic pledge of the quality of the transfer of the library as the primary classification criteria for dynamic pledge For many new forms of guarantee,whether to follow the question of the legal principle of real right and the law of the development of security right is consistent,which is a common phenomenon,not the specific question of dynamic pledge.In solving this common problem between economic development and legal lag,we should not be too rigid and strict applicable law,and should adopt softening explanation for the legal principle of real right.The third part of the dynamic pledge publicity mode on the "debate over breaking existing rules" to carry out research.It has always been very necessary to publicize the real right in a certain form,the dynamic pledge in the development,because of the empty single pledge,repeated pledge false cheat and other issues,caused a lot of economic shock of the vicious events,reflecting the emergence of the right of chattel pledge publicity mode on the publicity of dynamic pledges,the establishment of a centralized registration system,is not only a modern development trend,but also easy to guarantee the publicity of information and protect the rights of creditors,and to provide a strong basis for judges to adjudicate.The Part IV ponders the effectiveness and realization of establishing the pledge by means of dynamic pledge.The guarantee function of the pledge is realized by its lien effect and the priority effect,and the fluctuation of the quality of the dynamic pledge does not affect the basis of the quality change compensation obtained by the quality right person to enjoy the lien effect of the quality right.The discussion of the priority effect of dynamic pledge is essentially to consider the issue of the order of compensation between the quality right established by the dynamic pledge model and other security real rights,and the lack of normative recognition of the dynamic pledge,this paper will take the compensation rule of the floating mortgage of movable property as the blueprint,and explore the priority effect of the dynamic pledge.On the realization of the problem,on the one hand,the quality right has lien effect and private relief,on the other hand,the establishment of dynamic pledge quality because of market effect,such as supply and demand fluctuation,seasonal change or situationchange and other special reasons there will be value fluctuation situation,so in addition to the realization of the right of quality,The priority variable price right of pledge should be one of the key ways to consider the realization of dynamic pledge.