Explanations on the Typification and Right Attribute of Commercial Securities

Linlin LIU, Yanying FEI

Abstract


Different from bills, the nature of securities rights of bill of lading and warehouse receipts has always perplexed the academia. The reason is the lack of basic researches on the negotiable securities theories, which make scholars confined to specific legal departments and cannot see the complete picture. This paper analyzes bills of lading and warehouse receipts on the base of the theories of negotiable securities and bills, and clarifies their attribute of commercial securities. While affirming the attribute of debt securities, this paper advocates to admit the property rights of bills of lading and warehouse receipts through analyzing the theoretical disputes between their property rights and creditor’s rights. Combined with the issue that delivery of securities has the same potency with delivery of goods, this paper argues the nature of property debt securities of bills of lading and warehouse receipts in a developmental way.


Keywords


Commercial securities; Property securities; Debt securities; Property debt securities

Full Text:

PDF

References


Chen, F. (2010). Theoretical discussions on the concept of bills of lading. Exploration, (10), 166.

Fang, S. K. (2002). Discussions on many issues of warehouse receipts. Seeking Truth, (1), 75.

Fang, S. K., & Zhao, Z. Y. (2001). Discussions on the pledge of warehouse receipts. Laws and Social Development, (4), 41.

Guo, Y. (1999). Discussions on the debt relations of bills of lading. Chinese and Foreign Laws, (2), 84.

Liu, N. (2010). Researches on the structured trade financing development of our country’s commercial banks. Exploration, (7), 12.

Liu, X. (2001). A comparative study between bills of lading and bills. Maritime Law Annually, (12).

Maruyama, S. (2005). Commercial law I – General principle & commercial practice law / bills & cheque law (2nd ed., p.146). The New World Press.

Ren, J. X. (1988). Maritime law course (p.58). The People’s Court Press.

Si, Y. Z. (1991). The new maritime law (p.151). China Communications Press.

Wang, W. L. (1999). Storage Contract & Warehousing Contract (p.127). Law Press.

Wei, W. D. (1984). Maritime law (p.36). Law Press

Xia, D. Y. (1988). Basic maritime law (p.74). Law Press.

Zhao, X. H. (1999). The law of bills (p.21). The People’s Court Press.




DOI: http://dx.doi.org/10.3968/6173

DOI (PDF): http://dx.doi.org/10.3968/g6809

Refbacks

  • There are currently no refbacks.


Copyright (c)



Share us to:   

Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”. 

 Articles published in Frontiers of Legal Research are licensed under Creative Commons Attribution 4.0 (CC-BY).

Frontiers of Legal Research Editorial office  

Address: 1055 Rue Lucien-L'Allier, Unit #772, Montreal, QC H3G 3C4, Canada.
Telephone: 1-514-558 6138 
E-mail: [email protected]; [email protected]; [email protected]

Copyright © Canadian Academy of Oriental and Occidental Culture