Is warehouse receipt pledge equal to inventory pledge stored in warehouse?
The reason for analyzing this problem is not only to introduce some basic knowledge of warehouse receipt pledge, but also to let people know the difference between them and avoid confusion. In practical work, we often meet people who have little knowledge of the law. With their intuitive understanding of legal issues, they speak self-righteous jargon on various occasions, which makes people feel like they are chewing sand and can't swallow it. For example, when I was in contact with the guarantee industry in the early days, I met a leader who insisted that the guarantee period in the entrusted guarantee contract was one year, but what he really wanted to express was that the guarantee company guaranteed the debtor's principal creditor's rights for one year, and the guarantee contract signed between the guarantee company and the bank stipulated that the guarantee period was two years from the date when the debtor performed the debt. No matter how I explain the concept of warranty period, I can't convince the leader, I can only watch him write so blindly. Warehouse receipt is a document issued by the warehouse keeper to the depositor when accepting the goods, indicating that a certain amount of goods have been received. It is the proof of the warehouse relationship between the depositor and the warehouse keeper, which is not only the receipt certificate, but also the basis for delivery. Warehouse receipts belong to securities, and their contents are to pay for certain items. Article 385 of the Contract Law stipulates that if the depositor delivers the goods, the custodian shall pay the warehouse receipt. The contents of the warehouse receipt include: (1) the name and domicile of the depositor; (2) The variety, quantity, quality, packaging, number of packages and marks of the goods to be stored; (three) the loss standard of the stored goods; (4) storage places; (5) storage period; (6) storage fees; (7) Where the warehousing goods have been insured, the insured amount, term and name of the insurer; (8) Issuer, place and date. A warehouse receipt is a certificate for extracting and storing goods. Where the depositor or the holder of the warehouse receipt endorses the warehouse receipt and is signed or sealed by the depository, the right to take delivery of the goods may be transferred. Therefore, warehouse receipts meet the basic requirements of pledged property: first, they represent certain property rights; Second, it is transferable. Because warehouse receipt is a kind of right certificate and belongs to self-paid securities, warehouse receipt pledge belongs to a kind of pledge type in the second section of right pledge in Chapter 17 "Pledge" of Property Law. Inventory pledge belongs to the pledge type of movable property pledge in the first section, which is the most basic difference between them. According to the relevant provisions of the Property Law, if the warehouse receipt is pledged, the pledge right shall be established when the title certificate is delivered to the pledgee; However, in the case of chattel pledge, the pledge is established when the pledger delivers the pledged property, which is the difference of the establishment requirements. Although both warehouse receipt pledge and warehousing inventory pledge require the intervention of third-party warehousing companies, the position and role of warehousing companies in the two pledges are different. The former warehousing company only serves as the custodian of the warehousing goods, while the latter not only serves as the custodian, but also bears the responsibility and obligation of inventory liquidity supervision.