商业研究

• 商法论丛 • 上一篇    

以占有改定设立动产质权的可行性探析

夏江皓   

  1. (北京大学 法学院,北京 100871)
  • 收稿日期:2018-06-09 出版日期:2018-11-10
  • 作者简介:夏江皓(1991-),女,云南昭通人,北京大学法学院博士研究生,研究方向:民商法学。

Research on the Establishment of the Chattel Pledge by Constitutum Possessorium

XIA Jiang-hao   

  1. (Law School of Peking University, Beijing 100871,China)
  • Received:2018-06-09 Online:2018-11-10

摘要: The establishment of chattel pledge requires the delivery of the subject matter. General opinion states that chattel pledges can be established by simple delivery and indicating delivery rather than by constitutum possessorium. The progress of social economy calls for further developments of the pledge system, so that the guaranty can be made the best use of and promote financing. This paper presents that establishing the chattel pledge by constitutum possessorium is accessible in the fields of legal theory and legislation. It is also beneficial to respect the autonomies of both parties and provide them with an additional path for choosing appropriate ways of guarantees.

关键词: chattel pledge, constitutum possessorium, indirect possession, making the best use of, encouraging financing

Abstract: The establishment of chattel pledge requires the delivery of the subject matter. General opinion states that chattel pledges can be established by simple delivery and indicating delivery rather than by constitutum possessorium. The progress of social economy calls for further developments of the pledge system, so that the guaranty can be made the best use of and promote financing. This paper presents that establishing the chattel pledge by constitutum possessorium is accessible in the fields of legal theory and legislation. It is also beneficial to respect the autonomies of both parties and provide them with an additional path for choosing appropriate ways of guarantees.

Key words: chattel pledge, constitutum possessorium, indirect possession;making the best use of, encouraging financing