The Nature Of Pledge Over Margin Account In Bank

The pledge over margin account,which is a new type of guarantee created with the development of business of bank and social economy,plays an important role for the financing and economic system.However,the pledge over margin account has only been explicitly stipulated by judicial interpretation other than by laws.The nature of the pledge over margin account is theoretically controversial and the verdicts of the relevant cases vary widely because of the ambiguous definition though the judges' decisions were made mainly on the basis of the judicial interpretation.In consider of this,the paper will discuss the nature of the nature of the pledge over margin.This paper consists of the following four parts:Part ? of this paper introduces the concept of forming the pledge over margin account collateral rules first,and according to the situation of funds in the account,the bank deposit accounts is divided into fixed deposit accounts and a floating margin account;secondly,this part describes the necessity of the pledge over margin account combined with the practice of it.Part ? sums up the typical case about specialization and possession of fixed deposit accounts and floating deposit accounts.Although judges generally considered the pledge over margin account as pledge of movables,but the fixed deposit accounts and deposit accounts floating are different in practice.Part ? introduces the theory of the pledge over margin account,which includes pledge of movables,pledge of rights,alienation guarantee and debt offset.Part ? discusses the ownership of deposit account funds,which laid the foundation for the demonstration of pledge of movables;secondly,discusses the specialization and possession from the fixed account and floating account.In my opinion,specific doesn't mean invariant,floating does not affect the specific deposit account within a certain range,and when the control of the account and the account fund is still in the hands of the bank,floating deposit the account can still meet the requirements in floating account.