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Equity Pledge System

Author: DanHongMei
Tutor: SunXianZhong
School: Graduate School of the Chinese Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: Option Pledge Value Effectiveness
CLC: D922.287
Type: Master's thesis
Year: 2011
Downloads: 175
Quote: 0
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Abstract

In this equity pledge, civil entities to guarantee the performance of their own or others debt agreement with creditors as a debt guarantee their legal ownership and delivery of the equity certificates creditors or registration behavior. Upon the expiration of the debtor is unable to perform the debt, the pledgee has the right to achieve its equity interest in the right quality, in order to achieve the priority of repayment of the debt. Which, called out quality options for the guaranteed obligation pledgor possession of the Pledged Shares and enjoy the priority claim of the person known as pledgee, migrate in pledgee possession or statutory authorities registered in Equity The equity pledge subject matter. Academic world of the basic theory of the equity pledge not conclusive, and there was a chaotic state, reflected in the shares of listed companies, non-listed companies, investors equity of foreign-invested enterprises and state-owned equity pledge whether and how qualitative; About Equity Pledge concept of discrimination, including the pledge of the concept of the subject matter and the content of the pledge;, including the establishment of equity pledge registration authority, publicity way; effectiveness on the equity of the right of pledge rights, including but not limited to the range of the secured claims, confrontation matter , pledged to set up the effectiveness of impact and the pledgee; achieve equity pledge right conditions and in such manner, and so on. Social development, limited resources, the need for flexible financing, the equity pledge objective phenomenon. The so-called economic base determines the superstructure, objective social phenomenon inevitable and may lead to disputes exist and need to be regulated system of legal norms, mediation. On the other hand the law has guidelines for prediction and evaluation of the role of lack of legal norms, imperfect Property Law, unreasonable, the Guarantee Law disrepair, re-carding of such legal relations, norms, can divert the corresponding legal relationship, contribute to the best use, promoting market prosperity, resource flow. Meanwhile, the share pledge as a new and efficient way of security for the prosperity of the capital market and circulation plays a pivotal role, it is worth all walks of life to give enough attention and concern. The basic content of the article is that the analysis of the characteristics of the equity pledge by defining the concept of equity pledge, interpretation of the legal value of the equity pledge; establishment and effectiveness of the equity pledge for clues, through a comparative study of legislation and doctrines of the various countries and regions, combing equity pledge The basic system, pointed out the defects of the current equity pledge to set up and effective system of legislative defects; analytical thinking our existing equity pledge phenomenon and therefore lead to legal problems; pointed out that the effectiveness of our equity pledge system. Article novelty is that after the introduction of the Property Law, systematically combing the basic system of the equity pledge, combined with the equity pledge in the current situation of our country and the actual situation, to make appropriate suggestions for improvement, to initiate the basic theory of our equity pledge helpful.

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