1, the pledge must exist effectively;
2. The realization of the pledge occurs: the debtor fails to perform the due debt or the realization of the pledge agreed by the parties occurs. Where the debtor performs the debt or the pledger pays off the secured creditor's rights in advance, the pledgee shall return the pledged property;
3. The debtor's outstanding debts include all outstanding debts and some debts, because according to the principle of indivisibility of pledge, although the debtor only partially fails to perform the debts, the pledgee can still claim to realize the pledge right of all pledged property;
4. Outstanding debts are not caused by creditors. If the debtor's default is caused by one of the creditors, the pledgee may not be able to realize his pledge right. For example, the creditor refuses to accept the debtor's complete and proper performance.
Elements of pledge establishment:
1. According to the agreement of the parties, if the debtor fails to perform the due debts or realize the pledge, the pledgee may agree with the pledger to discount the pledged property, or give priority to compensation with the proceeds from auction or sale of the pledged property. Where the pledged property is discounted or sold, it shall refer to the market price.
2. After the expiration of the debt performance period, the pledger may require the pledgee to exercise the pledge right in time; If the pledgee fails to exercise it, the pledger may request the people's court to auction or sell the pledged property. The pledgor requires the pledgee to exercise the pledge right in time, and if the pledgee delays exercising his rights, he shall be liable for compensation;
3. After the pledged property is discounted, auctioned or sold, the part of the price exceeding the amount of creditor's rights belongs to the pledgor, and the insufficient part is paid off by the debtor.
Conditions for the establishment of pledge of rights:
1. Where bills, bonds, certificates of deposit, warehouse receipts or bills of lading are pledged, the pledge shall be established when the title certificate is delivered to the pledgee; If there is no property right certificate, the pledge right shall be established when the relevant departments handle the pledge registration;
2. If the fund share or the equity registered by the securities registration and settlement institution is pledged, the pledge right shall be established when the securities registration and settlement institution handles the pledge registration;
3. Where other shares are pledged, the pledge right shall be established when the administrative department for industry and commerce handles the pledge registration;
4. Where the right to exclusive use of a registered trademark, patent right, copyright and other intellectual property rights are pledged, the pledge right shall be established when the relevant competent department handles the pledge registration;
5. If the accounts receivable are pledged, the pledge shall be established when the credit reporting agency handles the pledge registration.
Legal basis: Article 429th of the Civil Code of People's Republic of China (PRC).
When the pledger delivers the pledged property, the pledge is established.
Article 44 1
Where a bill of exchange, promissory note, cheque, bond, deposit slip, warehouse receipt or bill of lading is pledged, the pledge is established when the title certificate is delivered to the pledgee; If there is no certificate of rights, the pledge will be established when the pledge registration is handled. Where there are other provisions in the law, those provisions shall prevail.
Article 443
Where a fund share or equity is pledged, the pledge right shall be established at the time of pledge registration.
After the pledge, the fund share and equity shall not be transferred, except that the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the fund share and equity transfer.
Article 444
Where the right to exclusive use of a registered trademark, patent right, copyright and other intellectual property rights are pledged, the pledge right shall be established at the time of pledge registration.
After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, unless the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.
The 445th time.
If the accounts receivable are pledged, the pledge right shall be established at the time of pledge registration.
Accounts receivable shall not be transferred after pledge, unless the pledgor and pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the transfer of accounts receivable.