1. What does the subject matter of pledge mean
There are mainly the following categories that can be used as pledge:
1. Chattel pledge. The chattel pledge mainly includes: easy to realize, easy to preserve and keep, the ownership that the pledger enjoys and can circulate and transfer or the right to dispose according to law;
2. Money pledge. It is a specific money pledge in the form of a deposit.
3. pledge of rights. Rights pledge mainly includes the following categories:
(1) bills of exchange, promissory notes and certificates of deposit.
(2) government bonds, financial bonds and corporate bonds.
(3) shares and stocks.
(4) A specific life insurance policy with cash value that can be pledged according to law.
(5) Property rights in trademark exclusive right, patent right and copyright that can be transferred according to law.
(6) other rights that can be pledged according to law.
second, the characteristics of pledge
1. It has the same characteristics as all security interests-subordination, inseparability and subrogation.
2. The object of pledge is movable property and transferable rights, and real property cannot be pledged. Pledge is therefore divided into chattel pledge and right pledge.
money can also be pledged after being specified: after the debtor or a third party specifies its money in the form of special account, deposit, etc., it is handed over to the creditor for possession as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor can be paid in priority with the money.
3. The pledge is a security interest that transfers the possession of the pledged property, and the pledge is based on the possession of the subject matter.
article 425 of the civil code of the people's Republic of China defines the pledge of movable property as the performance of the secured debt. if the debtor or a third party gives its movable property to the creditor for possession, if the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to be paid in priority for the movable property.
the debtor or the third party mentioned in the preceding paragraph is the pledger, the creditor is the pledgee, and the delivered movable property is the pledged property.
third, is the pledge right
under normal circumstances, the pledge right is often abbreviated as the pledge right, and the pledge right is divided into the chattel pledge right and the right pledge right, which are different types of pledge right.
(I) Concept and characteristics of pledge
1. Concept of pledge
Pledge is a way of guarantee, which means that the creditor and the debtor or the third party provided by the debtor transfer the possession of the debtor or the third party's movable property or rights through negotiation and conclusion of a written contract. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the property price.
2. Characteristics of pledge
(1) The subject matter of pledge can only be movable property and rights, but not real property.
(2) Pledge is a security interest with the creditor's possession of the pledge as its essential element. The pledge is based on the pledgor's possession of the pledged property and the creditor's possession of the pledged property. After the pledgee returns the pledged property to the pledgor, the people's court will not support it.
(II) Concept of pledge right
Pledge means that the debtor or a third party transfers his specific property to the creditor for possession as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to give priority to the real right of compensation with the price of the property discounted or auctioned or sold according to law.
what does the pledge mean? According to the civil code, there are two kinds of pledge: chattel pledge and right pledge, so the subject matter of pledge right includes chattel and various property rights, such as bills and stocks. Legal objectivity:
Article 44 of the Civil Code of the People's Republic of China * * * The following rights that the debtor or a third party has the right to dispose of can be pledged: (1) bills of exchange, promissory notes and checks; (2) Bonds and certificates of deposit; (3) Warehouse receipts and bills of lading; (4) Transferable fund shares and stock rights; (five) the transferable right to exclusive use of registered trademarks, patents, copyrights and other intellectual property rights; (6) Existing and future accounts receivable; (seven) other property rights that can be pledged according to laws and administrative regulations. Article 425 of the Civil Code of the People's Republic of China guarantees the performance of the debt, and if the debtor or a third party gives its movable property to the creditor for possession, if the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to be paid in priority for the movable property. The debtor or the third party specified in the preceding paragraph is the pledger, the creditor is the pledgee, and the delivered movable property is the pledged property.