Study On Legal Issues Related To Deposit Pledge

The deposit pledge is a kind of guarantee in special account.As a new way of guarantee,deposit pledge has many advantages that traditional guarantee method does not have,such as convenient setting,strong controllability and so on.However,because that the currency is different from the feature of the general movable property,the rules used on deposit pledge have a serious conflict with the general Chattel pledge rules,which causes the Academia to query its chattel pledge attribute.And because the relevant regulations are too general,in practice there are many differences in the way of dealing with the legal disputes caused by deposit pledge.This article is intended to provide solutions to the controversial issues in theory and practice above.The article consists of the introduction,the main body,the conclusion,and the main body has four parts as follows:The first part introduces the practice of margin pledge.First of all,this part introduces the concept and transactional model of the deposit pledge as the object of this study,and makes clear that the deposit pledge is different from any traditional type of guarantee.The significance of the deposit pledge is not to protect the creditor's rights but to enhance the debtor's credit,and to compare the other secured claims its advantages of security and operability,highlighting its necessary of existing,reflecting that it's really worthy finding a way to solve the relevant legal issues.The second part discussed the legal character of deposit pledge detailly.To solve the theoretical controversy,this part starts from the function orientation of the deposit pledge,demonstrates that the deposit pledge has a certain realistic basis as a kind of chattel pledge;thereafter,combing the relevant theories,this part solves the conflict between the deposit pledge and the chattel pledge theory: the "Possession is all" principle is no longer applicable on the special form of currency such as deposit.Instead of that,we should regard it has exceptions,that is,the possession and ownership of the deposit can be separated,which makes sure that the legal character of deposit pledge is a kind of chattel pledge.The third part is a detailed analysis of the establishing factor of deposit pledge.This part emphasizes that the purpose of specialization is to distinguish the deposit from the general currency,and on this basis,it is clear that the way of specific security deposit depends mainly on the account-specific completion,the transfer of possession needs to reach the quality control of the security deposit and the quality of people still retain the deposit ownership.and to explore the practice of the establishment of the requirements of the security of some controversial issues,such as whether the specialization means immobilization,whether the account should be marked "deposit" as means of publicity,whose name the deposit account is under,and so on.The forth part is about the legal validity of deposit pledge.This part mainly discusses the priority and exclusive validity of the deposit pledge,which discussed the special features of the deposit pledge as a kind of chattel pledge,that is,there is no need of using liquidate progress;moreover,it is not restricted by the restriction of liquid contract.As to some disputes in practice,such as the scope of validity of the continuous pledge and whether the interest of deposit has the same priority.The exclusive validity of deposit pledge is mainly embodied in eliminating others' obstruction to the property rights,including the rights of claim of restitution.