Interpretation of the provisions of the Civil Code Articles 442 and 445 .

Mondo Social Updated on 2024-02-01

Interpretation: The valuable ** involved in this article are all creditor's rights certificates, if the date of redemption or delivery of these vouchers is earlier than the maturity of the main creditor's right, it is necessary to cash or take delivery of the goods first, and then discount the cashed price or the goods proposed to pay off the debt or deposit in advance. For example, on January 1, 2023, A owes B 1 million, and the last repayment date is December 31, 2023, A pledges to B with his own warehouse receipt, and the latest pick-up date shown on the warehouse receipt is October 1, 2023. On October 1, 2023, B needs to cooperate with A's position order to pick up the goods, otherwise there will be additional storage costs for A, causing losses to A. The goods proposed will either be offset by the 1 million debts first, or submitted to the relevant departments for temporary storage.

Interpretation: ** Shares and equity belong to financing rights certificates, which are generally registered and confirmed. In order to create a pledge security for this right, it is necessary to go to the ** registration and clearing institution for pledge registration. Because the ** share and equity after the pledge have been used as the pledgee's creditor's rights, the financing rights of this additional security generally cannot be transferred, unless the pledgor and the pledgee negotiate the transfer. If it is transferred, then such financing rights can be liquidated in advance or submitted to the relevant departments for temporary storage after being exchanged for realization. Advance means that the main debt is not yet due, and since the debt is paid off before the main debt is due, then the pledge is naturally extinguished. If it is submitted for temporary deposit, then the pledge is not extinguished, and the pledge extends to the cash deposited. When the principal debt is due and the debtor fails to pay off the debt, then the creditor can give priority to the payment of the cash deposited.

Interpretation: Intellectual property rights are intangible property rights, so they cannot be delivered in the form of "possession transfer" like tangible movable property, and can only be delivered in the form of pledge registration.

Since the intellectual property rights have been pledged, the pledgor cannot dispose of the pledged intellectual property rights at will, including the prohibition of transferring or licensing others to use them. However, if the pledgee agrees with the pledgor to do so, it is another matter, since the transfer will generate a transfer fee, and the license will generate a license fee, so the money obtained by the pledgor after disposing of the intellectual property rights can be repaid in advance at the request of the pledgee, or it can be temporarily deposited to the relevant departments, and then see the opportunity to achieve priority repayment with the money after the debt is due. For example, A is an inventor, but the inventor also needs money to make inventions, and B is keen to invest in inventions, and the two hit it off. B is willing to invest 5 million, provided that A pledges the technical patent of a product to B. A agrees. The patent for this technology has been registered as a pledge. At this time, A can no longer dispose of the technology patent, but this does not prevent A from using it himself. If A's invention is bad and B cannot recover the investment, in order to reduce the loss, A and B can negotiate to dispose of the pledged technology patent, and the proceeds will be used to make up for B's investment loss.

Interpretation: The so-called accounts receivable is the amount to be recovered due to the purchase of credit sales. For example, A and B have long-term cooperation, A has long-term ** materials to B, A and B agree on the account period, and B has to settle the account to A when the account period expires. The amount of materials generated during this account period belongs to the receivables of A, which is also equivalent to the receivables of B. This receivable and payable can also be pledged, which is a pledge of the right to recover the money, and the pledge should be registered. If the pledgee agrees to the transfer, the transfer price must either be paid off in advance, or deposited until the debt is due.

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