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Bill pledge Studies

Author: ChenZheng
Tutor: WangShiHu
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Pledgee Blank notes Law of Negotiable Instruments Pledgor Bill Rights Pledge Contract Notes behavior Bearer Hypothecation Guarantee Law
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 222
Quote: 3
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Abstract

In the context of enormous trend of securitization of rights, bill pledge plays a more and more important role in today’s social economy, which calls for reasonable legal regulation to smooth its application. However, the relative legislations in China are far away from perfection, which inevitably leads to some confusions in practice and should be unproved. This article is trying to probe the related problems and propose some suggestions to on the basis of a systematic study of bill pledge.The text of this article can be divided into six parts.Part One gives a general introduction of bill pledge. Almost all the countries in the current world recognize the value and significance of this kind of transaction, either through legislative provisions or judicial acknowledgements. As a kind of pledge of rights, bill pledge has its own characteristics which differentiate it from the pledge of common creditor’s rights.The second part deals with the formulation of the relationship of bill pledge. In this part, the author holds the position that apart from the pledgor, the pledgee and main debtor, the relationship of bill pledge also involves the third person’s interest. The usance check is another point which deserves attention. The features of the usance check make it qualified for pledge, and our Bill Law should include corresponding provisions. The endorsement of pledge is a kind of the act on bill which is characteristically abstract, formatted, documental, independent and cooperative.Primarily, Part Three discusses three matters, which are the requirement for the effectiveness, the legal effect and the invalidation of bill pledge. The author think that in the pledge of bill, the contract between pledgor and pledgee is not, but the endorsement of pledge is, necessary for the effectiveness of bill pledge. The bill must be transferred from the bearer to the pledgee. Bill pledge is a system combining the characteristics of both system of pledge of rights in the guarantee law and the endorsement system in bill law, and this enables bill pledge to go into effect in both legal domains. The pledge of bill may be of no effect for some reasons.

Bill pledge Studies

Abstract

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