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Research On Legal Issues Of Supervision Of Chattel Pledge

Posted on:2021-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhaoFull Text:PDF
GTID:2416330626964731Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,the supervision of movable property pledges has emerged.It is a product of the combination of the logistics industry and the financial industry.It is mainly used to solve the contradiction between bank lending and SME financing.On the one hand,the small and medium-sized enterprise pledgor pledged movable property as pledged goods.At the same time,the bank entrusted a professional supervisory party to receive and supervise the pledged goods.The regulator is a bridge that connects the bank as the pledge party and the enterprise as the pledge party,and solves the financing contradiction between the bank and the enterprise,thereby increasing the probability of obtaining bank loans.The bank has regulatory risks from the regulator Significantly reduced,regulated logistics companies charge regulatory fees to achieve profitability.Movable property pledge supervision is a new way to solve the financing of small and medium-sized enterprises,a new means of bank lending to reduce risks,and a new model for monitoring the profitability of logistics enterprises.It is a multi-win-win initiative.In the current real estate pledge practice,disputes are constantly occurring,mainly because whether the pledge right is still established after the replacement of the pledge in the pledge supervision;the modified delivery method of the pledge has been excluded by default in the theoretical world,but in the practical world,more pledges If there is a suspicion of change of possession,the pledge supervision agreement does not have a statutory format contract,the legal nature is uncertain,and the versions are diverse,resulting in problems such as conflicts of rights caused by multiple parties involved.The current chaos in the industry is due to the lack of relevant theories on movable property pledge supervision and even some basic theories.The prerequisite for the supervision and regulation of movable property pledges is to supplement the legislative content of movable property pledges supervision,and establish and improve the regulation system of movable property pledges,and the norms of perfecting supporting mechanisms are imminent.This article starts with the concept of movable property pledge supervision,defines the meaning of supervision in movable property pledge from the perspective of property law,and distinguishes the concepts that are easily confused with it,highlighting the unique legal nature of movable property pledge supervision.Next,we systematically introduce the operation mode of today's movable property pledgesupervision in the practical world.The types of pledge supervision can be divided from multiple angles.From the perspective of the subject of supervision,pledge supervision can be divided into three modes.The second part of the article focuses on the establishment of pledge rights involved in the supervision of movable property pledges,the nature of pledge supervision agreements,and the principle of liability for supervisory responsibilities.Through the theoretical analysis of the core elements of movable property pledge supervision,the legal difficulties and existing problems faced by movable property pledge supervision are summarized and summarized.Finally,the legislative content of supplementary pledge supervision and the establishment of a complete supporting credit qualification review system and public registration registration filing system are the two major The direction starts with the establishment of a movable property pledge supervision system.
Keywords/Search Tags:Pledge of movables, The pledge property regulation, Hostage
PDF Full Text Request
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