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应收账款质押作为一种金钱质押,不仅与动产质押存在较大差异,且区别于其他权利质押而有自己的特征。由于应收账款自身的无形性和涉及法律关系的复杂性,应收账款相较其他的担保方式具有更高的法律风险。文章认为,在现有法律制度之下,正视并合理预见风险因素的发生,积极采用相应的措施加以防范,是保证应收账款质权实现的关键。同时,法律虽未对应收账款质权的实现作出特别规定,但在特殊应收账款无需采取折价或拍卖、变卖方式的情况下,基于实践需要对质权实现方式做灵活处理,有助于将质权人的权益真正落到实处。
As a kind of money pledge, pledge of accounts receivable is not only different from pledge of chattel, but also has its own characteristics different from pledge of other rights. Due to the intangible nature of accounts receivable and the complexity involved in legal relationships, accounts receivable have a higher legal risk than other guarantees. The article holds that under the existing legal system, it is the key to ensure that the pledge of accounts receivable is realized by looking squarely and reasonably foreseeing the occurrence of risk factors and actively adopting corresponding measures to guard against them. At the same time, although the law does not make any special provisions on the realization of the pledge of receivables, in the case of special receivables without discount or auction or sale, based on the need of practice, the pledge method should be flexibly handled, The pledgee’s rights and interests will actually be implemented.