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Pay the right to pledge Legal Issues

Author: LiuHua
Tutor: LiJinZe;LiXianBo
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Right to charge Pledge Risk Legal Issues
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 2
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Abstract


With the social and economic development, the right to pledge fees already many large projects as an important means of financing , as well as the banking industry has become a hot issue of universal concern . Extensive use of the practice of charging the right to pledge as loan guarantees, partly because the banking sector in general thought it was right to pledge low cost, high efficiency, protect the safety of credit funds , partly because the right to charge a pledge to expand financing channels for many provide financial support for large-scale projects , and promote social and economic development . Pay the right to pledge or a new thing in our country , in theory and in practice, support operations are still quite poor , China's current legislation regulating the right to pledge the fee is not perfect , scattered in some judicial interpretation, departmental rules and local regulations , fragmentation , low level of effectiveness . Given the right to pledge in charge of the importance of infrastructure and legislative progress is slow, so the question of the right to pledge toll has some theoretical and practical significance . According to the nature of the right to charge the right to charge administrative fees into power, service fees, management fees and the right to the right , from the perspective of the pledge of rights , management fees, service fees, and part of the right to the right to meet the pledge of rights conditions that can be pledged . Pay the right to pledge a pledge of independence of the new rights , it should be classified as a separate other rights are not dependent on the quality of collateral pledged or right . The right to pledge to build the toll system , the civil law, common law countries to provide our country with a lot to learn from the valuable experience and broaden the horizons of theoretical research . In a comprehensive analysis , focused on the basis of articles based on the final status of our legislation , lists the existence of the right to pledge the risk of charges and fees from the normative perspective of the right to pledge , to guard against these risks is given legislative proposal on China Pay the right to pledge proposed legislative and operational measures to improve targeted .

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CLC: > Political, legal > Legal > Chinese law > China and France
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