Study On Legal Issues In Pawn Right Of Deposit Receipt

The pledge of deposit receipts, belongs to a pledge of rights, it is the need of thedevelopment with modern economic activity. It has a very important significance forthe accommodation of the capital. The pledge of deposit receipt runs quickly. It hasno need to auction or sell off, and it can be directly sold. It is very convenient andhas less risky. Not only in the guarantee of the bank loan business by widely used,but also be well liked by all circles of the society. But in the judicial practice anddaily life, there has a large number of deposit receipts pledge disputes existed.Although China’s all kinds of laws, regulations and judicial interpretations of depositreceipt are pledged to make the rules, but due to imperfect legislation, the process ofapplicable still exist is not clear. This article through to the relevant deposit receiptsthe laws and regulations of the pledge of comb, and summary the various cases injudicial practices. Presents the author and law enforcement on the rulemakingopinion and the suggestion, expect that will be helpful for future legislation systemdeposit receipt pledge.Deposit receipt is issued by the financial institutions deposit certificate. For thelegal nature of the deposit receipts, a kind of ideas is that deposit receipt is propertyrights certificate, think the depositors and the bank is the real right legal relationship;Another view, deposit receipt is Creditor’s rights proof, it is relationship of creditor’srights debt between depositors and bank depositors and between bank is relationshipof creditor’s rights debt. The author agrees with the latter view, think deposit receiptis based on the relationship of the bank and depositors exists the deposit of thedeposit receipt securitization.Set up the pledge of deposit receipt, request the pledgor and the pledgeeconclude a contract， and deliver the certificates of deposit, inform financialinstitutions, as well as verify deposit receipts. Among them, verify system isnecessary conditions of the pledge of deposit receipts, But China’s current legislation is lacking on this important system of regulation，The author will give verification ofthe specific system design, and analyze the significance of the system of verifysystem. One of the most important issue is false deposit receipts of verified pledgethrough financial institutions, and financial institutions liability problem. The authorthinks that, if the pledgee does not know this matter，detains the false deposit receiptthat verified pledge by the financial organ, the financial organ must undertake theguarantee responsibility.The realization of the pledge of deposit receipts, including three differentsituations, in the lord have deposit receipts due debts before the period expires,deposit receipts and the maturity of debts consistent, deposit receipts exist after lorddebt discharge.In judicial practice, there are some typical problems about deposit receiptpledge, this paper analyzes the questions one by one, and give treatment Suggestions.The first question is to using false pledge of deposit receipt and using other person’sdeposit; The second problem is the pledgor to counterfeit or altered deposit receipt ofa problem; The third question is about the pledgor to others of the deposit receipt,including legal forms of possession by others and to pledge deposit receipts illegalpossession others pledge form deposit. The author discussed above questions,summed up above the methods of dealing with the problem of financial institutionsfor the civil liability of the problems, and give advice for China pledged depositreceipts system legislation.