The provisions of the pledge of rights, what is the pledge of rights

Bills of exchange, checks, promissory notes, bonds, deposit receipts, warehouse receipts, bills of lading, shares that can be transferred according to law, **, the exclusive right to use trademarks that can be transferred according to law, property rights in patents and copyrights;

Legal analysis: pledge of rights means that the debtor or a third party transfers the certificate of right to the creditor for possession, and uses the property rights on the certificate as security for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to discount the property rights or to be repaid in priority with the price obtained from the auction or sale.

Pledge of rights is a type of security interest.

Legal basis: Civil Code of the People's Republic of China

Article 440 The following rights may be pledged if the debtor or a third party has the right to dispose of them: (1) bills of exchange, promissory notes or checks; (2) Bonds, certificates of deposit; (3) Warehouse receipts and bills of lading; (4) Transferable ** shares and equity; (5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred; (vi) Existing and future accounts receivable; (7) Other property rights that laws and administrative regulations provide may be pledged.

Article 441 Where a bill of exchange, promissory note, check, bond, deposit receipt, warehouse receipt, or bill of lading is pledged, the pledge shall be established when the certificate of right is delivered to the pledgee; If there is no certificate of right, the pledge shall be established when the pledge is registered. Where the law provides otherwise, follow those provisions.

Article 442 Where a bill of exchange, promissory note, cheque, bond, deposit receipt, warehouse receipt or bill of lading has a date of encashment or delivery of the goods before the maturity of the principal creditor's right, the pledgee may cash or take delivery of the goods, and agree with the pledgor to pay off the debts or deposit the goods in advance with the price to be cashed or the goods withdrawn.

Article 443: Where a pledge is made with a share or equity, the pledge shall be established when the first pledge is registered. **After the share and equity are pledged, they shall not be transferred, except for those agreed upon by the pledgor and the pledgee. The price obtained by the pledgor from the transfer of ** shares and equity shall be paid off or deposited in advance to the pledgee.

Abstract: Life often involves the transfer of creditor's rights, and it is estimated that many people do not know what the two concepts of assignment of creditor's rights and pledge of rights are, let alone the difference between the two. However, with the increasing frequency of private lending, it is important to know the difference between the two.

Pledge of rights refers to a pledge created with a property right other than the right to be transferred as the subject matter, and the debtor or a third party transfers the certificate of right to the creditor for possession, and uses the property rights on the certificate as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to discount the property rights or receive priority repayment with the price obtained from auction or sale. The pledge of rights is a kind of security interest, but not all rights can be the subject of the pledge of rights, and as the subject matter of the pledge of rights, it can only be property rights with exchange value other than property ownership, such as intangible property rights such as creditor's rights, equity rights, trademark rights, patent rights, and copyrights; Rights that do not have exchange value cannot be pledged on them, such as personality rights, identity rights, custody rights, inheritance rights, etc. Because of this, the pledge of rights is prescribed by law.

What is assignment of creditor's rights?

Assignment of creditor's rights, also known as "assignment of creditor's rights", refers to the transfer of all or part of the creditor's rights to a third party through the conclusion of a contract by a third party without changing the content of the contract. The creditor's rights are all assigned to a third party, the third party replaces the original creditor and becomes the new creditor of the original contractual relationship, the creditor of the original contract loses the rights of the contract creditor due to the assignment of the contract, the creditor's rights are partially transferred to the third party, and the third party becomes the contract creditor and joins the original contractual relationship and becomes a new creditor, and the creditor's rights relationship in the contract is changed from one person to several persons or from several persons to multiple persons. The creditor who newly joins the contract and the original creditor who knows the fraudulent right to the creditor's rights share the creditor's rights, and share the joint and several creditor's rights of the partner.

The difference between the pledge of rights and the assignment of creditor's rights.

The assignment of claims and the pledge of rights do not mean the same thing.

The difference between the two is that the assignment of creditor's rights is a contractual assignment that does not change the content of the contract, and the creditor transfers all or part of the creditor's rights to the third party through the third party of the assignment of creditor's rights. A pledge of rights is a pledge created with property rights other than ownership as the subject matter.

Analysis of the Legal Scattered Shirts:

Pledge of rights means that the debtor or a third party transfers the certificate of right to the creditor for possession, and uses the property rights on the certificate as security for the creditor's rights. When the debtor fails to perform its obligations, the creditor has the right to discount the property rights or to be repaid in priority with the price obtained from the auction or sale.

1) Bills of exchange, promissory notes, checks;

(2) Bonds, certificates of deposit;

(3) Warehouse receipts and bills of lading;

(4) Transferable ** shares and equity;

(5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred;

(vi) Existing and future accounts receivable;

(7) Other property rights that laws and administrative regulations provide may be pledged.

Legal analysis: The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) bills of exchange, promissory notes, and checks; (2) Bonds, certificates of deposit; (3) Warehouse receipts and bills of lading; (4) Transferable ** shares and equity; (5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred; (6) Existing and future receivables; (7) Other property rights that laws and administrative regulations provide may be pledged.

1) Bills of exchange, promissory notes, checks;

(2) Bonds, certificates of deposit;

(3) Warehouse receipts and bills of lading;

4) The first share that can be transferred, and the equity of Mo Chunzhi;

(5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred;

(vi) Existing and future accounts receivable;

(7) Other property rights that laws and administrative regulations provide may be pledged.