Research On The Legel Issues Of Capital Pledge Of Bank Security Deposit

The pledge of bank security deposit is a non-traditional guarantee method currently prevailing.Due to the stability of the value of security deposit,the simplicity of establishment and realization of the pledge right,it fully demonstrates the value of efficiency,so it is widely used.However,money is a kind of thing,that is,a highly circulated general equivalent.When the pledge is established,it cannot directly follow the general rules of pledge of movable property.It must first take some means to specify the money before delivering it to the pledgee to achieve a distinction from other monetary rights.At present,disputes over the pledge of security deposit are on the rise.The principled provisions of judicial interpretation lack clear guidance to the parties.The parties have a more arbitrary means of reaching consensus and publicity when establishing the pledge of security deposit.The pledgee is neglected to control during the period when the deposit is pledged.All of these will adversely affect the effectiveness of the pledge and trigger the risk that the deposit may be used by other creditors as the subject of execution.The problems reflected in such cases are typical and concentrated.Therefore,it is necessary to clarify the theoretical basis of the pledge of security deposit and the legislative provisions in the Civil Code,and unify the standard of judgment practice.This article demonstrates the rationality of the pledge nature of security deposit as a special movable property pledge from two aspects:currency theory and judgment practice.The written expression and the specific of security deposit must be reached in form and substance at the same time in order to establish a deposit pledge.After the pledge is established and becomes effective,the pledgee must take strict approvalprocedures for the floating of the deposit,so as to continuously and effectively control the deposit.The pledgee using the direct deduction of the deposit as its special way of realizing the pledge does not violate the provisions of forbidding liquid clause.When there is a dispute over the deposit pledge,the effective establishment and existence of the deposit pledge can resist the enforcement of the third party 's creditor 's rights,and the pledgee has the right to file an objection against the outsider.Through the analysis of this article,it aims to clarify the legitimacy foundation of the pledge of security deposit in the current legislative system,and to make up for the deficiencies of the legislation on the requirements for the specific of security deposit and the transfer of possession requirements.