Study Of The General Claims The Right Quality System

pledge on general obligation has been a traditional legal system in Romano-Germanic legal system and playing an outstanding role in Roman law until the birth of new type of rights in modern time. And it still takes an important position in legislation and law practice among civil law countries. In case law countries, there is no conception of pledge on general obligation in formal meaning, but substantially different kinds of general credit are admitted as object matters of real rights. Differences of legal traditions lead to distinctive appellations with regard to this system. Under the rapid development of economy, social need for financing is indispensable and great and people are paying more and more attention to the financing function in stead of securing function of real rights for security. Thus, pledge on general obligation is becoming active in areas of real rights for security among different countries because of its prominent financing function. This article is going to present explanations for possibility and reality of regulating pledge on general obligation within the legislation of China after analyzing the legislations of pledge on general obligation in many other countries as well as under the state quo and legislative characteristics of China. This article includes five parts except introduction and has a number of 32,000 words or so.Part one gives an outline of pledge on general obligation system. Theoretical basis for the research is constructed by way of studying definition, nature analysis and historical development of concept of pledge on general obligation. As to definition, taking object matter (or res in Latin) as a clue, pledge on general obligation is regarded as typical pledge with non-securitized general credit as its object matter, therefore, pledge is its genus conception; with respect to nature of pledge on general obligation, this article adopts object matter theory of right and sums up five concrete natures of pledge on general obligation; as to historical development, this article is tried to understand this system more accurately in the perspective of comparative laws thereby provides theoretical referential study for relative legislation about this pledge on general obligation system in our country.Part two focuses on research of pledge on general obligation object matter. The most difference of pledge on general obligation from other real rights for security is the specificity of its object matter. Therefore, study of object matter enjoys magnificent meaning for the construction of pledge on general obligation. This part is designed to discuss about three aspects including possibility and reality for general credit being object matter of pledge, constructive conditions for pledge on general obligation object matter and object matter of two typical pledge on general obligations.Part three is written to study institution and publication of pledge on general obligation. This article holds that written pledge contract together with registration are the effective conditions for institution of pledge on general obligation. Firstly, pledge contract should be coined in written way in consideration of the interests of the parties concerned; meanwhile, pledge contract should be effective or binding after the time of signature by parties concerned if there were no special terms for that. Secondly, through research of worldwide legislation and law practice, registration should be adopted as method of publication of pledge on general obligation in order to comprehensively protect the interests of pledgee and goodwill third party.Part four details execution and extinguishment of pledge on general obligation. Firstly, for execution of pledge on general obligation, pledgee should make use of different ways to execute the right like direct charging and claiming in priority by discounting or auctioning. At the same time, according to the satisfaction order of principle credit and secured credit, this part discusses about the execution of general obligation pledge separating three situations including same due date between principle credit and secured credit, principle credit comes due before secured credit and secured credit comes due before principle credit. Secondly, this article lists four conditions of extinguishment of pledge on general obligation including extinguishment of secured credit, execution of credit pledge, pledgee allows pledgeor to renounce the credit and pledgee waives the credit pledge.Part five offers thoughts with regard to perfection of pledge on general obligation system in our country. Firstly, this article put forwards analysis of modem significance and function of pledge on general obligation system and insists that pledge on general obligation has indispensable financing securing function which is the social basis of its own revitalization and the important factor for our country to perfect it. Secondly, this article summarizes periodically the legislative condition of pledge on general obligation system in our country and realizes that legislation of this system in our country presents conservative and hysteretic quality. At last, this article put forwards some ideas about perfection of relative legislation.