Research On The Pledge System In The Early Years Of The Republic Of China

The pledge is the creditor's right to retain the subject matter.When the debt is not paid off,the creditor can preferentially monopolize the agreed security interest in the sale of the property.There is less research on the pledge of the people in the field of legal history.The lack of legislation caused by the political turmoil in the early Republic of China led the Dali Yuan to reform the pledge convention with reference to the Western pledge system in the absence of legal provisions,thus creating a new pledge system.This paper focuses on the content of the nineteen judgements of the Dali Yuan and its jurisprudence and seven explanations.In addition to the introduction and conclusion,the article mainly consists of four parts.The first part explores the historical origin of the pledge system in the early years of the Republic of China.The property pledge was sprouted before the Tang Dynasty.During the Tang,Song and Yuan Dynasties,property pledges have been greatly developed.The pledge of chattels has formed a fixed range of interest rates,and the implementation is also dominated by liquidity.Real estate pledges are limited to specific fields and homes,and form a focus on the use of income.During the Ming and Qing Dynasties,the pledge of real estate was divided into three types due to the difference in the status of guarantees and benefits.The second part builds the pledge system in the judgment of the Dali Yuan with the help of modern pledge theory.The pledge system of the early Republic of China included the establishment,Rights and obligations,implementation and elimination of pledges.First,the Dali Yuan unified the establishment of the pledge to possession,and used the income as the inherent requirement of the pledge.Second,the jurisprudence clarifies that the pledgee has the four rights of possession,use income and interest request,liquidation choice and transfer quality,and the pledgor can resell and transfer the subject.Third,the pledgee can realize its priority of repayment by adopting the principle of selling and using the auction as a supplementary method.Fourth,a privilege elimination method based on attributes is formed.The third part summarizes the characteristics of the pledge system.Formally,the pledge term is based on Western terms.Secondly,the content of pledge reflects the integration of pledge convention with Western theories,or the transformation of pledge convention with Western theories,or the enrichment of Western theories with pledge conventions,or the complementation of pledge convention with Western theories.From the concept point of view,through the superposition of interests or the attachment of mortgages and rights of rights,the guarantee financing function of real estate income is fully utilized.From the overall effect of system creation,create general pledge rules through real estate cases,most of which were adopted by Taiwan in China.The fourth part explores the modern enlightenment of the pledge system.First,Integrate the concept of making the best use into the pledge system.Second,Using justice to reduce the separation of property habits and property law.Third,the ban on possession of changes and liquidity.Fourth,integrate the legal culture behind it on the basis of insisting on the unification of terms.