Research On Legal Issues Of Dynamic Pledge

Dynamic pledge means that the pledgor pledges the pledgee with all the movable property such as inventory,and the pledgor takes possession of the pledged property and supervises and manages it.When certain conditions are met,the pledgor can replace the pledged property,which is characterized by liquidity and supervision by a third party.Dynamic pledge breaks through the defects of traditional static pledge,meets the requirements of small and medium-sized enterprises for financing efficiency,makes the inventory flow during the guarantee period,improves the circulation efficiency of the inventory,and avoids inventory backlog.In addition,Dynamic pledge also makes up for the defect of mortgage security in the movable property floating mortgage system.Dynamic pledge transfers the pledge to the supervisor for possession,and the pledgee establishes indirect possession of the pledge through the supervisor to control the pledge.When the debtor cannot pay off the debt,the pledge can be auctioned and sold to realize the creditor’s rights.However,Dynamic pledge has not been clearly stipulated by law,and the Minutes of the Jiumin has provisions on the delivery of Dynamic pledge and the responsibility of the supervisor,but there are still disputes in theory and practice,mainly including: whether Dynamic pledge violates the object-specific principle;Publicity method of mobile pledge;Identification of delivery;Whether the supervision contract is an entrustment contract or a custody or storage contract between the pledgee and the supervisor;Review obligation of supervisor and pledgee;The liability of the supervisor,etc.This paper will focus on the application Dynamic pledge in practice,its characteristics and publicity methods.By analyzing the defects of traditional static pledge and the advantages of Dynamic pledge,this paper demonstrates the necessity of the existence of Dynamic pledge,and clarifies the current controversial focus on Dynamic pledge by combing the judicial practice judgment cases and academic theories.By summarizing the theory of Dynamic pledge in academic circles and judicial practice,this paper explains the general operation mode and characteristics of Dynamic pledge in practice.The liquidity of collateral is similar to that of Dynamic pledge floating charge,but there are essential differences between them.By analyzing the current situation of Dynamic pledge floating charge in practice,this paper expounds the defects of Dynamic pledge floating charge,and demonstrates the differences between Dynamic pledge and movable property floating charge.The two main operation modes of Dynamic pledge are supervision in the warehouse of pledgor and supervision in the warehouse of supervisor.From these two specific supervision modes,this paper will further explain whether the Dynamic pledge meets the statutory principle of real right and whether the Dynamic pledge can be effectively established under the two supervision modes.This paper analyzes the legal status of the supervisor in the Dynamic pledge,that is,the legal relationship between the supervisor and the pledgee,demonstrates the supervisor’s review obligation,the pledgee’s review obligation and their relationship,and defines the scope of the supervisor’s obligation.Explain the specific types of responsibilities of supervisors,and the responsibilities of supervisors,pledgors and pledgees under corresponding circumstances,and conceive the legislation of the Dynamic pledge system.