Discussion On The Responsibility Of The Supervisor In The Supervision Of Dynamic Pledge

With the development of the financial market,as a new type of guarantee model,dynamic pledge is gradually gaining attention and recognition from various parties.Unlike traditional static pledges,the creation of a pledge in a dynamic pledge not only involves two parties,but also requires a third-party supervisory body to be entrusted with the possession and custody of the pledge,while the pledge is dynamic during the pledge period and the pledgor can access the pledge above the agreed minimum value line in accordance with the procedures agreed in the tripartite agreement.However,there are some controversies in judicial practice regarding this new security model.The nature of the dynamic pledge supervision agreement is not defined in the law,and the responsibility of supervision is not clearly defined.In order to resolve the above-mentioned disputes in judicial practice,this article begins with defining the definition of the regulatory agreement,so as to further determine the principles of imputation,the form of liability and the scope of liability of the supervisor.Firstly,as an independent third party,the legal status of the custodian should be clearly defined as the agent of the pledgor and the custodian of the pledge,as well as the performer of the contractual agreement between the pledgor and the pledgee.Secondly,the principle of liability of the custodian should be based on the contractual agreement as the main reference,taking into account the legal provisions and the principle of equity.The liability of the supervisor should be divided into subject matter liability and negligence liability,while the specific scope of liability should include the custody,inspection and realization of the pledge,as well as the supervisor’s ability to compensate and liability for breach of contract.The purpose of this article is to discuss the legal liability of the supervisor in order to provide a basis and reflection for judicial practice,as well as to provide useful reference and inspiration for the development of the new security model of dynamic pledge.