Font Size: a A A

Research On Pledge Of Highway Toll Rights

Posted on:2021-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2416330623973614Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,China's infrastructure construction,especially highway facilities,has developed rapidly.The emergence of pledges on highway toll rights has helped to solve the problem of funding shortages common to highway projects in the early stages of construction.It also provides financial institutions such as banks to issue loans to highway construction projects.A strong guarantee.The toll collection right is a very special right.Only after the completion of the construction of the road project,the investment talents of the road project have the right to charge the passing and service fees of the passing vehicles according to the approval issued by the government.However,in practice,the construction phase of a highway project is precisely the period when the funding gap is greatest.In order to obtain bank loans,many project companies will use the highway toll rights that may be obtained in the future for pledge registration.The road toll right is pledged without the completion of the road project,and the legal relationship involved is extremely complicated.If the legal norms do not make clear provisions for this special situation,in practice,there will be more and more disputes between lenders and lenders regarding pledges of tolls on road tolls,which will cause many companies to impede financing loans in the future,which is not good for roads.Project development and promotion.As the saying goes,"To get rich first,build a road".At the moment of vigorously developing public infrastructure,the solution of this problem has great positive significance for the construction of highway projects and the economic development of regions and countries.In China's current legislation,highway toll rights are considered as a type of accounts receivable.Therefore,pledges of highway toll rights are placed in the unified management of pledge registration and management methods of accounts receivable,but this standard model does not Considering the peculiarities of highway toll rights,the contradictions and disputes in the pledge of highway toll rights in practice are largely caused by this reason.As a security property right,the effective establishment of the pledge of highway toll rights is a prerequisite to ensure the realization of the rights of the pledge,and the current law does not provide for the effectiveness of the pledge of highway toll rights in the highway construction stage.Withdrawal,the parties to the pledge relationship will easily diverge on the effectiveness of the pledge,leading to obstacles in the realization of the pledge right.This article will introduce various practical dilemmas existing in the pledge of highway toll rights through cases,and make a detailed study and analysis of the legal relationship among them.In consideration of the special nature of highway toll rights,the research focus will focus on the impact of these particularities on the effectiveness and implementation of pledges of highway toll rights.Through comparison with relevant content of current laws and regulations,the pledge of toll rights will ultimately be Suggestions for the improvement of the system.
Keywords/Search Tags:Franchise agreement, Receivables pledge, Real estate income right, Registration of pledge
PDF Full Text Request
Related items