Legal Disputes In Field Warehousing Financing And Their Resolution

With the activity of the market economy and the innovation in the financial field,the dynamic pledge of inventory,as the guarantee of movable property without transfer of possession,is becoming more and more active in the financing market and has become an important financing means in the supply chain of mass production,logistics,warehousing and banks.It is releasing the operating funds of production enterprises limited by inventory,accelerating the operation turnover of enterprises Compared with the two systems of warehouse receipt pledge and movable property floating mortgage,which also take inventory as the main collateral,it has irreplaceable advantages in providing more sufficient guarantee for bank credit funds.However,there is still a lack of legal provisions on this type of guarantee.Although Article 55 of the interpretation of the Supreme People’s Court on the application of the relevant guarantee system of the civil code of the People’s Republic of China stipulates that the dynamic pledge of inventory can be subject to the pledge of movable property and the responsibility of the supervisor,but for the sign of the establishment of the pledge,the scope of the responsibility of the supervisor Methods and other issues have not made clear provisions.Therefore,it is still necessary to sort out relevant issues in combination with practice.This paper aims to contribute to the construction of this new system through the analysis of the following problems: 1.Define the nature of inventory dynamic pledge and the nature of the contract between the parties;2.Comparative analysis of similar systems;3.Determine the rights and obligations of the supervisor,the nature,content and mode of responsibility;4.Analysis and Countermeasures of "excessive guarantee" in inventory dynamic pledge;5.The realization of different rights with the same batch of inventory as the subject matter.As for the nature of inventory dynamic pledge,based on the accounting practice of enterprises and the scope of collateral accepted by banks,this paper first demonstrates that its object is movable property.Secondly,starting from several operation modes of inventory dynamic pledge system,this paper demonstrates that the establishment of this kind of security right conforms to the constituent elements of the establishment of movable property pledge and belongs to pledge,Thus,this system is brought into the framework system of chattel pledge for discussion.As for the nature of the contract between the parties,this paper focuses on the nature of the supervision agreement between the supervisor and banks and other financial institutions in dispute in practice,through the comparative analysis of the theory of entrustment contract,warehousing contract,mixed contract and unnamed contract,For the new system that has not been clearly stipulated,it is not necessary to stick to the name of the contract,but to judge the rights and obligations between the contract subjects according to the specific contents of the contract terms,and refer to the application of different types of contract provisions.In the module of comparative analysis with similar systems,the author compares the economic functions between the inventory dynamic pledge system and the similar legal forms of warehouse receipt pledge and movable property floating charge,and comes to the conclusion that the inventory dynamic pledge has stronger protection for credit funds than warehouse receipt pledge and movable property floating charge.In terms of the analysis of the rights and obligations of the supervisor and the responsibilities to be borne in case of disputes,through the sorting out of the disputes caused by the dynamic pledge of inventory and the analysis of different supervision modes,the author concludes that the supervisor should bear the obligations of counting inventory,issuing inventory,supervision report and so on,Combined with the analysis of the obligations with the supervisor,it is concluded that the supervisor should bear the liability for breach of the supervision agreement when violating the corresponding obligations,and apply the principle of fault liability to bear the supplementary liability within the scope that the pledge right of the pledgee cannot be realized.On the basis of expounding the above theories,systems and problems and drawing preliminary conclusions,the author puts forward the solutions to the problems of "excessive guarantee" and right conflict in the operation of the current inventory dynamic pledge system."Excessive guarantee" in inventory dynamic pledge refers to the situation that the value of the pledged inventory is much higher than the value of the guaranteed creditor’s rights due to the establishment of the pledge right on the inventory entering the warehouse due to the reasons such as the pledgor’s import and export of goods.The author believes that the pledgor can establish a separate security right on the inventory exceeding the value of the original guaranteed creditor’s rights by allowing the pledgor to deliver by instruction,So as to realize the function of releasing the guaranteed value of inventory.In the part of right conflict of inventory dynamic pledge,the author mainly points out the analysis idea that there will be no conflict between pledge and pledge on the same batch of inventory,and the view that the conflict between pledge on pledged inventory and the ownership of the buyer should give priority to the application of the buyer’s rules in normal business activities.