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The nature of the warrant

by:CNS     2021-07-16
The nature of the warehouse receipt 2021-06-20 12:49:13 In terms of nature, the warehouse receipt should be a kind of securities, which represents the property rights of the same value as the storage. The warehouse receipt has the following main characteristics: (1) The warehouse receipt is a warehouse receipt of an essential securities as essential securities, and the items recorded on the warehouse receipt shall comply with the legal provisions, otherwise, the warehouse receipt cannot be effective. Article 386 of the Contract Law stipulates that the warehouse receipt includes the following items: the name or name and domicile of the inventor; the detailed information of the warehousing; the loss standard of the warehousing; the storage location; the storage period; the storage fee; the insurance amount, period and insurance Person’s name; person, place and date of issue. Among them, the name or name of the inventor, the address, the variety, quantity, quality, packaging, number and mark of the storage, the storage location, the issuer, the place and the date are absolutely necessary records, if not recorded , Then the warehouse receipt cannot have corresponding effect. (2) The warehouse receipt is a real right security. The warehouse receipt is a kind of real right security. The holder of the warehouse receipt enjoys the ownership of the relevant storage items according to the warehouse receipt. When the warehouse receipt is transferred, the ownership of the storage goods is also transferred. The person who actually holds the warehouse receipt may request the custodian to deliver the storage items contained in the warehouse receipt in accordance with the ownership of the warehouse receipt. (3) The warehouse receipt is literal. The rights and obligations of the securities warehouse receipt are determined in accordance with the literal meaning recorded in the warehouse receipt, and cannot be identified or changed by factors other than those recorded in the warehouse receipt. If the content recorded on the warehouse receipt is inconsistent with the actual situation, the custodian shall still perform its responsibilities in accordance with the context contained in the warehouse receipt. (4) Warehouse receipts are endorsed securities. Article 387 of my country's 'Contract Law' stipulates that: 'The depositor or the holder of the warehouse receipt endorses the warehouse receipt and is signed or sealed by the custodian, may transfer the right to withdraw the warehousing goods. 'The warehouse receipt needs to be transferred by endorsement in accordance with the 'Contract Law' and is a kind of endorsed securities. (5) Warehouse receipts in exchange for securities are also called self-paid securities and repaid securities, which means that after the issuer of the securities has fulfilled the obligation to pay, the right holder must return the securities to the obligor.
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