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Regulation On Pledge Of Movables

Posted on:2017-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330623454665Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this paper,I exploit the related legal issues on pledge of movables.As the combination of logistics and financial services,regulation on chattel pledge also face certain legal risks.In judicial practice,diverse opinions exist on legal character of chattel pledge regulation contract signed by three parties including the pledger,the pledgee and regulatory.Besides,the establishment of pledge of movables and the obligations and responsibilities of regulatory also need further clarification and summary.In this paper,I will analyze the issues on pledge of movables from the following perspectives:The first part introduces the background of regulation on pledge of movables.In a decade years of development history,regulation on pledge of movables has proved it's vitality and adaptability and some parts need perfection at the same time,since 1999,the first attempt of regulation on pledge of movables till the out break of credit crisis on steel trade in east China in 2012 and the events in Qingdao port in 2014.The second part presents the basic concepts,similar definitions and legal features of regulation on pledge of movables.The third part introduces three main regulatory modes of regulation on pledge of movables.They are debtor warehouse supervision mode,third-party warehouse supervision mode,and fourth-party warehouse supervision mode.In the meantime,the second part also introduces some regulations on related systems in other countries hoping to draw some beneficial experience and systems.Besides,the third part focuses on two questions.The first question is how to define the pledge of supervision contract.The second question analyses the validity of establishment of movable pledge.Then I try to define the questions putting forward in the third part theoretically.Firstly,analyses the character,establishment and effectiveness of the regulatory contract.Secondly,analyses the establishment and effectiveness of the pledge of movables.The fourth part analyses the supervisor's legal status,rights and obligations,responsibilities and exemptions.The fifth part analysis the chattel pledge system through it's problems and risks.Last but not the least,the fourth part puts forward some suggestions on perfecting regulatory system of chattel pledge.
Keywords/Search Tags:pledge of movables, validity of contract, pledge of chattels, supervision
PDF Full Text Request
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