Research On The Legal Issues Of Confirming Storage Trade

The confirming storage trade is provided by the bank for the buyer to provide the sales contract,the bank controls the goods,and sells the comprehensive business transactions that the buyer guarantees the buyer.Under the background of market economy,as a new mode of cooperation between the bank,buyer,seller,warehousing enterprises,the confirming storage trade is developing vigorously,which alleviates the current SME financing problem.At the same time,there have been many legal disputes in the practice of the barn,such as the events of steel trade in recent years.Therefore,it is particularly necessary to strengthen the theoretical research on the transaction of the barn.Through the research on the theory of the confirming storage,it is better to provide guidance for its specific business development.On the whole,the transaction of the barn is characterized by many participants,complex legal relations and close trading relations.From the observation of internal transaction,the seller and the buyer signed a contract for the sale is the starting point of the whole transaction,the buyer with the inter-bank loan contract is a contract for the sale of the performance of the premise,the seller to the buyer to take delivery of bank guarantee is the key to bank loans,the third party supervision mechanism is the goods means of the bank in the confirming storage four control,any part having a problem,the transaction can not be normal to continue.Once the buyer fails to pay the deposit on time,the bank will initiate the necessary means to guarantee the withdrawal of the loan,such as requiring the seller to bear the liability of guaranty and exercise the right of Liens.The internal structure of the confirming storage is more complex,in essence it is the integration of buying and selling,borrowing,pledge and guarantee.The core is the bank’s credit,in addition to the sale of contracts,other legal relations are built around the bank can take back the loan on time.The bank provides the buyer with the prepaid purchase,invigorates the buyer’s funds,and the seller realizes the sale.The bank isbased on the commercial credit of the seller.In the context of the supply chain transaction,the seller provides the guarantee for the buyer to apply for the credit for the bank.In the contract of sale,the buyer delivery price to obtain bank loans;loan contract,bank lending guarantees to rely on the seller to the buyer;in the pledge contract,the pledge is dependent on the presence of bank lending and the first shipment;to guarantee contract and an effective sale contract based on.About the seller confirming storage secured by the refund the difference between responsibility and the obligation to repurchase the goods,confirming storage in all kinds of articles are not related to the differences of these two kinds of guarantee,this paper makes a distinction between the legal nature and belonging to different types of the confirming storage.The supervision contract on the pledge of movable property is the concept in the silver business of the manufacturer,and it also exists in the transaction of the confirming storage.For the custody contract of movable property,there are three parties involved.There is a contractual relationship between the bank and the regulatory agency.There is a contractual relationship between the regulatory agency and the buyer.The confirming storage trade contains the first level of obligation and the second level of obligation after the breach.In view of the comprehensiveness and complexity of the transaction,the remedy for breach of contract in the transaction should also be typed.First,the buyer fails to provide additional margin,banks can take exercise pledge,require the seller to perform goods or refund the difference between the repurchase way;second,the seller refused to fulfill the obligation to repurchase,the bank can contract through litigation to fulfill its mandatory or through the realization of pledge rights transform relief way;third,the default delivery,may apply to the bank the seller’s breach of contract claim for damages or admit that the seller in the performance of confirming storage under the contract;fourth,the third party supervision mechanism caused by improper custody of damaged goods,the bank can obtain compensation for the breach of obligation or entrusted to fill open by the insurance company claims to the third party supervision mechanism that the buyer can claim to the third party supervision mechanism violation of duty of care;fifth,the seller of goods is not up to the standard,the bank may require the seller to exchange or request Perform the obligation of the difference refund or the purchase of goods.