Research On Pledge Of Account

As a new type of atypical guarantee,pledge of account has great controversy in theoretical circles from the establishment of right to the realization of right.In practice trial,though the nature of the cases is similar,the result of trial is quite different or even opposite The reason for this situation is that there is no express provision in the law that regulates this new security right.Through the concept of account pledge to elaborate,to deepen the understanding of the account pledge system,and the pledge of accounts were classified treatment,according to the pledge when the funds set up within the account,divided into real pledges and pledged accounts without pledge,The discussion of account pledge is also based on this classification.Due to the nature of the account pledge in theory there are differences,through the comparison of various doctrines,that the most appropriate pledge as the qualitative pledge of the right to pledge,that is,in the process of pledging,the pledged material that the debt that the bank's request for payment right.Among them,the real account pledges reflect the general claims,and pledged blank pledged due to the presentation of the future earnings of the account and reflect the future claims.Pledged pledged pledgists may be all their own accounts or all accounts of third-party pledges in the quality of their accounts.However,in the third person all accounts when the quality,because they do not have the right to set off the premise,the bank had to advocate the realization of pledge.After the establishment of the pledge,there will also be the possibility that the pledged debtor of the pledgor may claim the debts.The third party may request that the pledged material be given priority in compensation.In addition,the pledgor may set up the pledged property After the right,the malicious transfer of the pledged material to a third party,the rights and interests of the third party should also be protected to varying degrees according to different situations.