Research On Dynamic Pledge Regulatory Agreement

Dynamic pledge has become a new financing model because it allows the circulation and replacement of the pledged property above the control line of its minimum value,and takes into account the liquidity of the pledged property and the guarantee power of the pledged property.The object regulated in Article 55 of the Supreme People’s Court’s Interpretation on the Application of the Guarantee System of the Civil Code of the People’s Republic of China(hereinafter referred to as the Judicial Interpretation of the Guarantee System of the Civil Code)is dynamic pledge,which can be used as a general judgment rule to deal with dynamic pledge disputes.The judicial interpretation to the dynamic pledge regulation agreement itself is relatively vague,in practice,our country’s regulation person is generally the logistics enterprise,foreign is usually the professional third party professional organizations,also has a lot of the creditor carries on the provisions to the person’s regulation qualification,become the regulation person is without the condition.Paragraph 1 of Article 55 of Judicial Interpretation of Guarantee System of the Civil Code has no clear provisions on the subject matter of supervision.What movable property can be regarded as the subject matter of supervision and whether the scope of supervision subject matter is limited.In addition,there is no clear stipulation on the rights and obligations of the creditor,pledgor and supervisor in the supervision agreement.This paper discusses the subject of the regulatory agreement,the regulatory pledge and the content of the regulatory agreement,and tries to put forward some feasible suggestions.In the introduction part,the research background of dynamic pledge and regulatory agreement is mainly described,and the significance of the research is expounded from the theoretical and practical levels,aiming to clarify and improve the system design of dynamic pledge regulatory agreement,to help dynamic pledge,a new financing guarantee method,continue to develop,so as to provide services for enterprises to smoothly finance.This paper summarizes the research status at home and abroad,points out the problems existing in dynamic pledge supervision agreement such as unclear supervisor,unclear scope of pledge and unclear rights and obligations of the three parties,and tries to put forward its own solutions.The first part mainly introduces dynamic pledge system and supervision agreement.This paper introduces the concept of dynamic pledge and explains the "dynamic" in dynamic pledge.In addition to the pledgee and the pledgor,the establishment and operation of dynamic pledge cannot be separated from the third party supervisor and the supervision agreement concluded by the parties.This paper introduces the concept of supervisory agreement,discusses the nature of supervisory agreement,and clarifies the relationship between dynamic pledge contract and supervisory agreement.The second part mainly combs the system content of the dynamic pledge supervision agreement and finds out the deficiencies.The subject,subject and content of supervision agreement stipulated in Article 55 of Judicial Interpretation of Guarantee System of Civil Code are sorted out.To find out the deficiencies of supervision agreement,Article 55 of the Judicial Interpretation of Guarantee System in the Civil Code stipulates the legal positioning and establishment standards of dynamic pledge.However,there are several problems as follows: First,the supervision agreement involves three parties.It is precisely because creditors are not good at or unwilling to manage inventory management and control that professional supervisors are introduced.Can anyone become a supervisor? Article 55 is not clear,and the practice and doctrine of dynamic pledge are debated.Secondly,there is no scope limit on the subject matter of the supervision,in the dynamic pledge of countries,the scope of pledge is different,what is the scope of the subject matter of our country’s dynamic pledge supervision.Finally,in the supervision agreement,the rights and obligations of the three parties are not clearly agreed.It involves three parties,and their rights and obligations are complicated and need to be clarified.Whether the pledgee or the pledgor bears the supervision expenses for the supervisor,and to whom does the supervisor perform the obligations? Is it a right or an obligation for a supervisor to supervise goods? What are the rights and obligations of the supervisor? There is no consensus on these issues.Therefore,it is very important to clarify the rights and obligations of the three parties in the regulatory agreement.The third part mainly carries on a comparative analysis to the foreign similar system.Firstly,it introduces the relevant laws and regulations of inventory pledge financing business in the United States,and then introduces the supervisors,inventories and the rights and obligations of the three parties related to inventory pledge financing business in the United States.Then we will talk about the non-transfer possession guarantee in France,which also focuses on the rights and obligations of the supervisor,the pledge and the three parties.Through the analysis,we know that there are some differences in the dynamic pledge of various countries,which need to be suitable for the actual situation of their own countries.The fourth part describes some suggestions to improve our country dynamic pledge supervision agreement.First,the conditions of supervisors are clarified by selecting evaluation criteria.Secondly,through comparative analysis and combining with the relevant laws of our country,it is clear the scope of the pledge.Finally,the rights and obligations of the three parties should be reasonably agreed.The supervision agreement contains the entrustment of the pledgee to the supervisor and the proper storage of the goods by the supervisor,and the obligations it should undertake can be agreed in accordance with the provisions of the law on entrustment contract and storage contract.In addition,It should also refer to the obligations that the pledgee should fulfill after possessing the pledgee in general chattel pledge and the relevant legal provisions of the United States and France.