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The Pledge of Toll Right

Author: GeYuXian
Tutor: ZhangGuangHong
School: Ningbo University
Course: Civil and Commercial Law
Keywords: toll right right lien receivable account
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 32
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Abstract


The toll right refers to the right of obligee according to law approval to collect expense of vehicles passing toll roads. Pledge loan of toll right has not been a new topic in the practice for long. Normative files such as the judicial interpretation in Guarantee Law, The Official Reply on Project Loan Guarantee of Toll Roads (Official Reply) issued by the State Council, Notice on Opinions of West Development Office on Some Policies and Measures’Implementation about Development of the West (Notice), these files have made relevant regulations on the pledge loan of toll right. Whereas, the dispute undergoing the enacting of Real Right Law and Measures for the Pledge and Registration of Receivable Account baffle the process of the pledge loan of toll right. The problems are mainly stated as follows: What on earth is the nature of toll right? Can the toll right belong to the receivable account? Does the toll right possess the term of right lien? If so, what does the foundation lie in?This paper carries out the analysis on the pledge loan of toll right by the methods mainly of comparative analysis, nomological analysis and juristic criterion analysis, aiming at seeking a correct evidence for the Pledge direction of toll right.Regarding to the structure and system, this paper is composed of three parts, namely introduction, the text and epilogue. And the text is divided into three parts:The first part conducts the overview on roll right and it is stated by three section. The first section introduces the definition of toll right and the disputes on the right at present; the second section discusses the legal characteristics of the toll right while the third section mainly analyses the differences between the toll right and the receivable account.The second part focuses the discussion basically on the relationship between roll right and right lien, stating the requirements of the standard of right lien accorded with the roll right. Besides, the pledge of toll right can be a kind of pledge which is excluded by other types of pledge.The third department mainly does analysis on the present legislation state of pledge loan of toll right, points out the problems on legislation of pledge loan of toll right, and puts forward their own opinions on the perfection of legislation of pledge loan of toll right.

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