The Legal Dilemma And Solutions Of Movable Property Liquidity Pledge

The smooth integration of logistics,trade,and finance through the pledge of movable property flows has opened a new chapter of win-win cooperation for financial institutions,financing companies,and logistics companies.The pledged property has certain liquidity.During the pledge period,the pledger can withdraw,replace,update and buy and sell the pledged property through the production and sales of the pledged assets in an agreed manner during the pledge period.The supervisor is entrusted by the financial institution to control the pledged property,and at the same time,it can also enable the financial institution to better retain the pledge rights.Financial institutions entrust supervisors to possess and control pledges on behalf of banks to help financial institutions establish and maintain effective pledge rights.At the same time as the development of the enterprise,the actual mobile pledge of movable property will cause conflicts of rights and conflicts of inconsistent judicial discretion,which will make the pledge of movable property fall into a certain predicament.Based on the introduction of the mobile property pledge model,combined with the summary and arrangement of related cases,it analyzes the essentials of the pledge right,the conflict between the pledge right and other rights,and the disputes in the supervision contract,and proposes corresponding solutions.The conclusions are as follows:1.The current disputes in the mobile pledge of movable properties are mainly reflected in the following aspects: the determination of the delivery method of the mobile pledge and the determination of the specificity of the pledge;the conflict between the pledge and the ownership and the conflict between the pledge and the mortgage;the pledge supervision contract The disputes are mainly reflected in two aspects: the nature of the chattel pledge supervision contract is controversial,and the obligations of each subject are not clear enough.2.In response to the above dilemma,this article proposes the following solutions:1.Clarify the criteria for the establishment of the pledge of movable pledge of movable property,and the delivery method of the movable pledge should be realistic delivery;using the expansion interpretation method,the dynamic pledge meets the specific requirements of the subject matter,and the pledge is clear,specific and valued at a specific point in time Specific and qualitative objects are recognizable.2.Regarding the conflict of rights in the mobile pledge of movable property,the qualitative solution of one thing is: first,the supervisor actively introduces the possession of the pledge,and the possession of the pledge reaches a higher degree.If a pledge has already been established on the pledge,and then someone claims to establish a pledge on the same pledge,at this time we have to distinguish whether the latecomer is in good faith,and whether to conduct a detailed investigation on whether there is a pledge on the pledge,normal circumstances The lower supervisor will carry out on-site supervision in real time,distinguish the pledge from other goods,and hang the ownership pendant to prove that the goods have been pledged.The subsequent pledgee should be able to find out in time to avoid repeated pledges.It is proved that the latter obtains the pledge right in good faith,and loses the previous pledge right.The conflict resolution method of pledge and ownership needs to be discussed separately in the two situations of whether the retention of ownership has been registered;the conflict resolution method of pledge and ownership needs to clarify the priority of the two,which needs to be analyzed in different specific situations.3.Regarding the dispute over the pledge supervision contract,in terms of the nature of the supervision contract,the supervision contract should be regarded as a commission contract;the obligations of each entity should be clarified.Among them,the obligations of the supervisor should be the obligation of ownership review,supervision,and management;the obligations of the pledgee should be the delivery of the pledge,the obligation of ownership review,and the performance of necessary management responsibilities.