论文部分内容阅读
仓单管理是以农发行同开户企业之间签订的《库存商品占用贷款仓单管理协议》(以下简称《协议》)为基础的信贷监管方式。但从法律的角度对《协议》进行分析,由于缺乏物权担保基础,且部分内容在无法律依据的情况下,同现行民法物权理论相抵触,导致仓单管理的措施得不到法律的认同和保障,从而难以有效防范信贷风险。
Warehouse receipt management is a credit supervision method based on the “Management Agreement on Occupation Loan Receipt of Warehouse Loans” (hereafter referred to as “Agreement”) between the Agricultural Development Bank and the account-opening enterprises. However, from the legal point of view, the “agreement” is analyzed. Due to the lack of guarantee basis of property rights, and some of the contents are incompatible with the existing theory of real rights of civil law in the absence of legal basis, the measures leading to the management of warehouse receipts are not legal Identity and protection, making it difficult to effectively prevent credit risk.