A Research On The Pledge Rights

The pledge right is one of the three basic froms of the guaranty rights. In the past, our civil legislation merged the pledge rights into mortgage and blotted our individual features. "The Guaranty Code of the People's Republic of China" first establishes the system of the pledge rights .But its contents are so narrow and abstract that it cannot keep up with the development of market economy in out country. So, in this sense ,it's worthwhile to do some researches towards the system of the pledge rights .In this thesis ,from the legal angle of the guaranty rights, the author sketchily probes into the conception and characteristics of the pledge rights ,the realization and innocend acquirement of the pledge rights over movables ,the types of the pledge rights over rights, and the legislative defects of sub-mortgage.This thesis is divided into five parts .In the first part, through the comparison between mortgage and the pledge rights ,and drawing lessons from Wang Limin (professor of China People's University)'s idea ,the author gives a definition to the pledge rights :It's the rights that when the debtor doesn't fulfill his obligation ,the creditor can be given the legal rights to take possession of a house or some other property as a security for payment of money lent .Then the author makes further explanation to the pledge rights from the which analyzes the legal meaning of returing the security wantonly ,although the Supreme Court made it clear that "after the creditor returned the security to the debtor ,and comfronts the third person based on the pledge rights ,the court will not support it " ,thecourt didn't explicit whether the pledge rights dies out or is invalid .The author poses out when in this situation ,the pledge rights dies out.Third ,based on the Guarantee Code and Citing the related articles from the Corporation Code ,the Receipt Code ,the Insurance Code and the Copyright Code ,the author discusses the range and classification of the pledge rights over rights.Also in this part ,the author gives some new ideas about the set and realization of the pledge rights over security creditor's rights ,the characteristics of the pledge rights over genral creditor's rights ,the set and effect of the pledge rights over stock ,the punitive restrictions in the pledge rights over knowledge and the characters of the pledge rights over immovables'profit.Fourth, after comparing China's sub-mortgage with the outer world's, the author fully analyzes the requisites to constitue a liability sub-mortgage .In order toconsummate the system of the pledge rights, the author points out the defects in our legislation and poses that we should set up the liability sub-mortgage in our country.In the last part, the author gives a further study in the relation between two pledge rights and between the pledge rights and angle of the kegal relation of the pledge rights ,the base price of the pledge rights anon the pubic showing methods of the pledge rights .At the same time ,the author introduces the different classification of the pledge rights ,and lays emphasis on the comparison between the business pledge rights and the general pledge rights ,And also ,in this part ,throngh the explanation of the history and function of the pledge rights , the author illustrates the importance and necessarity of the system of the pledge rights .Next , according to the Guarantee Code of our country , the supreme Court'e explanations on the Guarantee Code and some new ideas in recent years ,the author comments on the pledge rights over movables from the seven areas below :the establishment of the pledge rights over movables ,the form and content of its contract, its effect, the rights and duty of the creditor and debtor, the realization of the pledge rights over movables , its abolishment and the innocent acquirement of the pledge rights over movables and poses many fresh ideas. For example :when commenting on therealization of the pledge rights over movables ,the author analyzes the seventy-first article in the Guarantee Code...