| The loan pledged with bills is one of the most common forms of bank creditbusiness. In recent years, bill pledge is very popular because of its high liquid ity, highsafety and easy to program, but because the target is particular ity, bill p ledge acrossthe civil law and commerc ia l law in two major areas,"property law","guarantee law"and releva nt jud icia l interpretatio n and "negotiab le instr uments law" and releva ntjudic ia l interpretation, both of the m provide the regulation, and the existing lega lprovis ions o f the bill p ledge is too general, and there are incons istent r ules on thesame proble m, the theory and practice of re lated prob le ms of b ill pled ge have manyargues and disputes, and the existe nce of these proble ms has a grave impact on thefinanc ing function of b ill credit whic h cannot be full pla y. In practice, endorseme nt ofpledge is the important docume nt of bill pledge or aga inst ele ments, and pledgeendorseme nt is the bill behavior or genera l civil le ga l actio n, and whether creditorsrights, prohibiting trans fer bills and cheque can be used as the object of p ledge, andwould bill of pledge transfer pledge, these are urge nt proble ms to be solved. The keyto resolve the d ispute is that the type of bill p ledge is c lassified correctly a nd thecorrect app licatio n of the law. Not as some scho lars said, the bill pledge can only beset with the endorseme nt of p ledge, from the le gis lat ive purpose and socia l andbusiness practices and the fore ign legis latio n and other aspects, bill pledge may adopttwo ways, endorsement a nd the contract, there fore, the bill p ledge syste m can beinterpreted from "property law" and "law of negotiab le instr ume nts "."Negotiableinstrume nts law" provis ions that b ill p ledge sho uld take the for m o f endorseme nt andshould record the word "p ledge ", and pledge endorsement is a bill beha vior, soendorseme nt is the require ment for bill p ledge in "Negotiable instr uments law" totake effect; and "property law" provisio ns that bill pledge can be set in accordancewith the contract and the bill’s deliver y, and altho ugh creditors rights and prohib itingtransfer bills cannot be the target of bill p ledge in "Negotiab le ins trume nts law", butthey can be fo unded on the law of real right,at the same time, with the rule of that thepledge of r ights sha ll be governed by the provis ions on the p ledge of chatte ls, bill pledge should a lso be applicab le inc lude repled ge with respons ib ility and repledgewith agree ment. |
