Research On The Liability For Breach Of Contract Of The Dynamic Pledge Supervision

Dynamic pledge is a new type of guarantee practice in the context of supply chain finance.It allows SMEs to pledge their movable inventory to banks and other financial institutions,and the pledged goods can flow freely when they are at the minimum value standard or above the minimum inventory agreed by the parties,which not only enriches the financing channels of SMEs,but also guarantees their daily operations.It is widely favored by financing guarantee practice because of its safety and efficiency value,Gradually developing into one of the core models of supply chain finance.Dynamic pledge takes logistics supervision as the central link,relying on pledge supervision agreements,and the supervisor has become the core factor determining the success or failure of dynamic pledge.However,the relevant provisions of dynamic pledge only stay at the judicial interpretation level and the content is relatively simple.The lack of rules leads to confusion in the judgment scale.In judicial practice,there are many differences in the determination and responsibility assumption of the supervisor’s breach of contract,which restricts the development of the dynamic pledge system.To address the differences in judicial practice,this article focuses on the liability for breach of contract of dynamic pledge supervisors,clarifies the legal status of supervisors,clarifies the obligations of supervisors,analyzes the attribution principles of supervisors’ liability for breach of contract,analyzes the difficulties in the composition of supervisors’ liability for breach of contract,determines the liability form and scope of supervisors’ liability for breach of contract,and conducts a systematic study of dynamic pledge supervisors’ liability for breach of contract,To provide a trial approach for trial activities..Given that banks and other financial institutions lack professional regulatory capabilities and are unable to effectively fulfill their responsibilities in reviewing,safekeeping,and supervising pledged assets,dynamic pledges mainly adopt a commission based supervision model and are carried out in accordance with pledge supervision agreements.The legal nature of the pledge supervision agreement is the commission contract,and the legal status of the supervisor is the trustee of the pledgee.The entrusted supervision mode is divided into three types: supervision by the supervisor’s warehouse,supervision by the pledgor’s warehouse,and supervision by the fourth party warehouse.In the supervision by the supervisor’s warehouse,the entrusted obligations of the supervisor include the review,storage,and supervision obligations of the pledged goods,while in the supervision by the pledgor’s warehouse and supervision by the fourth party warehouse,the review and supervision obligations of the heavy pledged goods on the supervisor’s side are included.The supervisor’s liability for breach of contract is due to their breach of the entrusted obligations stipulated in the pledge supervision agreement.Based on the entrusted contract nature of the pledge supervision agreement,the principle of liability for breach of contract by the supervisor is the fault liability principle.Under fault attribution,the formula for the supervisor to assume liability for breach of contract can be expressed as "breach of contract+fault".The form of liability for breach of contract by the supervisor should be supplementary liability,and the scope of liability for breach of contract by the supervisor should be determined based on the double limit standard of the damaged value of the collateral caused by the supervisor’s fault and the unpaid amount of the pledgee,taking into account the degree of fault of the supervisor.When the pledgee has fault,the supervisor’s liability for damages should be appropriately reduced,and the fault of the pledger should not be considered as a factor in determining the compensation scope of the supervisor.