On The Types Of Commercial Liquid And Its Regulation

The chapter of real right for security in the real right section of the civil code no longer adopts the word "not to be agreed" in the liquid contract,but instead requires the creditor to have higher duty of care and behavior.This change highlights the respect for the independent will of the parties in the guarantee relationship,and also helps to improve the debtor’s credit evaluation results under the limited guarantee property.However,the validity of the liquid contract to the third party,whether the creditor has the liquidation obligation and whether the parties can agree to exclude it,and the disposition of the conflict or overlapping of rights between the creditor and other creditors of the debtor need further legal interpretation.The legislative style of civil and commercial integration does not deny the uniqueness of commercial legal relationship.There are many differences between civil and commercial liquid contracts in terms of subject type,contracting purpose,agreed interpretation principle and publicity degree.In order to properly allocate the rights and obligations of the parties to the liquid contract,it is necessary to distinguish the civil and commercial liquid contract in the aspect of law application.The text consists of five parts.The first part analyzes the connotation of liquid pledge and commercial liquid pledge contract,and sums up the differences between liquid pledge and some confusing concepts,such as assignment guarantee,debt in rem,etc.The second part combs the evolution process of China’s liquid contract regulation mode,analyzes the category attributes and prospects of the current liquid contract regulation mode,and combs the existing room for improvement.The third part,based on the needs of transaction practice,considers the advantages and disadvantages of integrated regulation of civil and commercial liquid contract,and analyzes the necessity,rationality and feasibility of dividing civil and commercial liquid contract.The fourth part describes the legal relationship of commercial fluidity.Combining the observation and analysis of the practical cases,according to the different fields of contracting parties,the amount of collateral obligations of creditors,the types of guarantee objects,and the effect of liquid pledge contract,the paper divides the commercial liquid pledge contract into pure and mixed,liquidation and non liquidation,high and low level of publicity,final and non final,and considers the advantages and disadvantages of the parties’ status and risk sharing under different types situation.The fifth part puts forward the fine regulation path of commercial fluidity.On the one hand,from the inside of the parties,combined with the types of the contract,it sets strict conditions and procedures for the exercise of the creditor’s priority to be paid,and for the distribution of the substantive rights and obligations of the collateral;on the other hand,from the outside,it sets safeguard measures such as the value guarantee system of the subject matter,the loopback period system of the debtor for a certain period of time,and the publicity system conforming to the characteristics of all kinds of the subject matter At the same time,the author thinks about how to deal with the right conflict between creditors when the security interest concurrence.Finally,the combination of internal and external conditions and institutional requirements is to reduce the space for some creditors to maliciously misinterpret and use the more lenient regulatory attitude on the commercial liquid contract.