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A Study on Pledge over Bank Accounts

Author: WengLiangMin
Tutor: GaoXiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: pledge over bank accounts filled account empty account
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 308
Quote: 5
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Abstract

Pledge over bank accounts is widely used in practice. It can be found in project finance financing, corporation financing, even in personal loan. But what is pledge over bank accounts? How to define it?Is it legal? Few scholars study on these issues. In the law in force, the status of pledge over bank accounts is unclear; in practice, the rights and obligations between parties are pretty blurry. And it is hard to find available, specific rules. That status baffles the further development of pledge over bank accounts. The insufficiency of theory study is one of the causes which result in before-mentioned predicament. So the thesis tries to study on the pledge over bank accounts and hope the study can contribute for that issue.The study methods are the follows:First, practice research. The thesis indicates the actual using way of the pledge over bank accounts, addresses its contents and functions, and then opens out the further study on those bases.Second, classification. The pledge over bank accounts is classified in this article. That method is in favor of uncovering the character of the pledge over accounts deeply and perfectly.Third, comparative methodolgy. After comparing the theory and cases from other countries with China’s ones, this article puts forward some suggestions.The last, analyse the meanings of the bills in force.The thesis is composed of three parts:The first chapter introduces the actual using way of the pledge over bank accounts through the cases and bank operation, and then compares the different ways. The pledge over bank accounts can be classified on accordance with the status of accounts. The second chapter analyzes the character of the pledge over accounts. Different ways of pledge over bank accounts have different character. So the thesis presents it separately.The third character discusses about the legality problem of the pledge over bank accounts. The pledge over bank accounts is an unqualified hypothecation according the law in force. But, it is within the law in nomology, and the practice cried for it. So the pledge over accounts should be decriminalized.

A Study on Pledge over Bank Accounts

Abstract

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