Use the Auto Certificate pawns financing as the auto industry "unspoken rule" has been popular for many years, but the financial institutions to carry out financial innovation mode is a major bright spot and growth point of profit. However, this way of financing in reality extensively, often accompanied by the legitimate rights and interests of consumers purchase a car badly damaged, so that consumers for banks, dealers and manufacturers benefit and win-win. This paper from the nature of the Auto Certificate pawns the behavior analysis, specifically cited the pledge forms of social harm, explore the automotive legitimacy operation certificate financing and its preventive measures of risk.

Analysis, the Auto Certificate pawns the nature of behavior

Definition and properties of 1, automobile certificate

The car certificate, the motor vehicle factory certification, is a legal document in motor vehicle production enterprises with the vehicle only printed and issued proof vehicle qualified, which contain the name of the enterprise, corporate identity and security information. For motor vehicle manufacturers, the certificate is proof of the motor vehicle qualification only legal files provide vehicle production enterprises, automotive "Zhunshengzheng", not qualified certificate, the car can't factory to enter the sales; for all motor vehicles to say, the certificate is for motor vehicle registration must be one of the legal evidence documents submitted, no certification, the vehicle owner bought enough natural cannot be registered in more normal use, not on the road; and for the vehicle management department, certificate is a effective tool for management of related departments of motor vehicles.

Visible, legal document Auto Certificate is only a car manufacturer in the vehicle with the factory car allotted only proof of vehicle qualified, does not have the property rights of the content, do not belong to the securities, more alone can not negotiable. Representing the car the chattel statutory rights certificate is the motor vehicle registration certificate, not the car certificate.

Analysis of 2, the Auto Certificate pawns the nature of behavior

Through the practices of the Auto Certificate pawns financing is: car manufacturers, car dealers and credit bank signed a three agreement (the majority and the Guarantee Corporation to guarantee), by bank credit to the dealer loans or issuance of bank acceptance bill payment on the car manufacturers to get in the car, as the control dealers to meet its obligations means, automobile manufacturers in accordance with the agreement in the vehicle to the dealers at the same time, the vehicle and the unique vehicle certificate as a pledge to the bank (or Guarantee Corporation), dealers sold vehicle with a pin to repay bank loans and the redemption of certificates (or subsequent vehicle certificate in exchange for the sale of the vehicle certificate), and then delivered to the consumer, the consumer with the car certificate to apply for registration of a vehicle in the vehicle management department and insurance procedures.

If the link can be a smooth transition is not any problem situation, the relevant parties can really achieve good benefit and win-win situation. But because of shortage of funds and access Distributor manufacturers more preferential price or achieve high rebate policy aspects of interests, often use the certificate has been redeemed in bank loans, or even to sell cars from the capital not to redeem the certificate while continuing to manufacturers in large quantities into the car, or funds diversion. Once the dealers funding chain fracture (such as misappropriation of automobile sales or for other debt disputes frozen funds), it is bound to cause a series of chain reaction, and finally lead to consumers in the purchase a car payment after paragraph long "car license" and not on the road "advanced plaything" or even "vehicle of money two empty" situation, prior to this, dealers often refused to inform consumers "certificate pledge" the truth, a serious violation of the consumer's right to know. While the lending bank also often causes the air to "certificate" loans uncollectible, the severe economic loss. Zhejiang "Ningbo dongben case", " de Shaoxing case", Shandong "Ji'nan accord" case ", Zibo enjoys the LAN case" and Beijing, Wuhan and other parts of the country have occurred in many consumers "car undocumented" malignant group event, this is a serious violation of the consumer interests, the best example.

So, in our country with the Auto Certificate pawns financing whether there is a legal basis, can get legal protection and support?

"Guarantee law" article seventy-fifth, "property law" for the 223rd article can be used for the pledge of rights by the one one way of enumeration is defined, in addition to the right to pledge must be legal, administrative regulations specified can pledge rights. But the law can pledge rights must meet the following conditions: 1, must be the property. Is refers to the real right, creditor's rights, intangible property rights to property for content, to value money right. 2, must have the assignment. The right of pledge right in value, if the debtor defaults, the pledgee can pledge the value of rights of priority, therefore, its price target may be, must have the assignment. 3, must be suitable for the pledge of rights. 4, must be legal rights certificate. Does not belong to the legal, administrative regulations can be used for other rights matter shall not pledge.

The foregoing, auto certificate is only a car manufacturer with car dispensed only proof of vehicle qualified legal file (format proof), neither has the attribute of property rights, no price possible, but does not belong to the legal can pledge the right type of, so the car certificate can not become the subject matter of a mortgage. If the dealer is not due to repay loans on schedule, the bank is not the Auto Certificate cash debt, also cannot dispose of the vehicle certificate corresponding to the car. So, although the car dealer and credit banks entered into the Auto Certificate pawns the contract, and the Auto Certificate delivered to the bank, the pledge is invalid. Moreover, with the car certificate to pledge, also in clear violation of the "contract law" the 136th regulation, is a serious violation of the contract obligations, so that consumers in the purchase of vehicles, because there is no certificate can not handle the vehicle registration and insurance procedures timely, serious violations of the legitimate rights and interests of consumers. Therefore, between the car dealers and banks signed only by the car certificate to pledge financing contract obviously belong to the invalid contract. This from all courts in such cases made the pledge contract invalid judgments are fully confirmed by.

Two, the Auto Certificate pawns the hazard analysis

(a) the harm caused by the credit bank

1, mortgage invalid result in loss of property guarantee to increase the loan risk

Because some credit bank or Guarantee Corporation mistakenly believe that control of the vehicle certificate is to control the car, the license pledge legal effect is equivalent to the effect of car pledge, so credit bank once and car dealers and manufacturers signed the Auto Certificate pawns the contract lending (or open a bank acceptance bill), once the car dealers do not credit or operating a major accident caused not timely repayment, due to invalid Auto Certificate pawns the behavior of credit, held by the bank or Guarantee Corporation is just a waste, not only can not rely on the car certificate to realize their creditor's rights, but also unable to realize the actual control of the car, the inevitable consequence of the enjoy the guarantee rights lost, which greatly increases the risk of credit loans, and very easy to produce the huge loan losses.

2, because the warehouse party supervision out of control, resulting in vehicle loss caused by loan loss.

In order to control the risk guarantee the safety of the loans, some banks or Guarantee Corporation in the Auto Certificate pawns at the same time, the real automobile into their supervision and control, pay attention to sales of auto dealers, distributors to supervision on time owing on the loan. For the storage and regulation of convenience, more in order to facilitate the auto dealers for car sales, bank or Guarantee corporation or warehousing company commissioned 4S shop in possession or control of the car, also allows dealers to take part in an automobile ceiling amount or quantity, or barter, on the margin of barter etc.. And by the third party supervision, bank or Guarantee Corporation in spite of a vehicle monitoring protocol in detail and, but still the existence of credit risk, operation risk and moral risk of the warehousing company, if the third party supervision or malicious collusion with the car dealer, lead to regulatory car unauthorized transfer or sale, and very a possible loan loss.

(two) harm to consumers

Needless to say, is the most direct, the most serious harm by the Auto Certificate pawns financing to consumers.

No certificate 1, after buying a car, not the vehicle registration to settle down, so that can not be normal use, the car became a senior toy.

If the consumer is not in the specified time to get the car certificate original and relevant documents, was unable to the vehicle management department handles the vehicle registration, motor vehicle registration certificate, issued by the vehicle management department is unable to obtain the license plate, vehicle license and the conformity inspection mark, so that the vehicle has no legal identity, but not the normal road. At this time to use the vehicle suspension, can only be temporary license plate, once the temporary license expired, only park become senior toys at home, if without the road, is a serious violation of the law, will be punished.

2, the accident consequences can only be paid by consumers themselves

Provisions of pilfer rush to deal with an emergency exemption clause, the vehicle without public security traffic management departments issuing driving permit or license plate number, or not according to the prescribed inspection, examination unqualified vehicles, are not in the scope of claims. Because no vehicle certificate can not handle the registration of motor vehicles in the motor vehicle insurance, but can not handle the formalities, the event of an accident, the insurance company does not assume compensation responsibility, the dealer will not bear all responsibility, only by the consumers themselves.

Discussion on validity of three, using the Auto Certificate financing

Although the certificate pledge is invalid acts by car, but this does not negate its financing function. If operating properly, the auto certificate and other relevant measures for financing is worth promoting, but also in line with the law.

The author thinks, should first from the concept of change the vehicle certificate can be used as the property right certificate pledge wrong understanding, make full use of it as the only proof of vehicle with car dispensed qualified legal document this unique characteristics, which become the implementation of real estate (car) a mortgage or pledge to contain the means of operation. The past simply by using the Auto Certificate pawns financing into the distribution of motor vehicle mortgage or pledge financing, at the same time through the Auto Certificate pinning the short-term pledge form, strict supervision of vehicle sales behavior of dealers, so as to ensure that dealers in the sales of vehicles after the sales for owing on the loan.

1, with the motor vehicle license pledge collateral

Auto dealers and credit bank signed by a motor vehicle mortgage contract, purchased from manufacturers use will be auto the chattel as bank loans or bank acceptance bill guarantee. For the sake of safety, the two sides can float vehicles to the local administrative department for Industry and commerce registration of mortgaged property. For mortgage and vehicle by the dealer to natural still possession, custody and sales, dealers for car sales for the repayment of loans.

2, the Auto Certificate pawns the guarantee with motor vehicle

Auto dealers and credit bank by signing a pledge contract, will be dealers from manufacturers to purchase cars to bank possession or custody, and to the real estate as loans to its security. In order to normal sales to dealers, used for pledge of motor vehicles can be stored in the warehouse and bank dealers who are directly responsible for the custody arrangements or entrust storage mechanism as the third party custody pledge vehicle way of implementing the real monitoring, dealers car sales for the repayment of loans.

Whether dealers purchased for use in vehicles to take the mortgage or pawns the guarantee way, in order to keep the dealer sales of vehicles, to prevent the dealer will sales of motor vehicles, used for other purposes, so as to let the dealer will be the number of vehicles license pledge to bank credit, and bank credit to the implementation of necessary supervise the account receivable dealer, dealer sales to ensure that funds for repayment. Of course, whatever form, in order to protect the consumer as the interests of vulnerable groups, the dealer before delivery to the consumer, must ensure that all documents of the vehicles including car certificate, there is no obstacle to complete delivery, whether through foreclosure or replacement method. If the delivery vehicles to consumers did not from the bank to retrieve the car certificate, you must explicitly inform the purchase a car consumers and determine the specific term certificate of delivery and responsible for the late delivery of responsibility, in order to ensure the enjoyment of the right to know as consumers, safeguard the legitimate rights and interests of the buyers.

In this two way of security, different made the existence of real right guaranteed. Auto dealers for upcoming purchase vehicles for collateral, in full compliance with the "property law" in article 181st of the floating mortgage. Even though there is no motor vehicle registration certificate is the only proof of vehicle ownership belongs to the legal documents, but the credit bank mortgage right shall be established since the mortgage contract, only collateral is not registered, not confrontation goodwill third person, and the floating mortgage, may not be against the normal business activities has paid a reasonable price and obtained the mortgaged property the buyer (i.e., purchase a car consumers), therefore, vehicle mortgage, there is still a certain credit risk of bank. While the auto dealers if the pledge for purchased for use in vehicles, pledge is credit bank on vehicle enjoyed since the car dealers to buy a vehicle delivery of its self custody or by its commissioned custody. Of course, no matter use vehicles as collateral or pledge, if dealers can not repay the loan maturity, while credit banks can exercise the mortgage right or pledge in accordance with the law and realize their rights.

In particular, whether a mortgage or pledge, the pledge of car license implementation, just credit bank makes full use of the certificate constraining effects on vehicle sales behavior of a containment means, is a kind of auxiliary measures of financing, its purpose is to conduct supervision on vehicle sales dealers, supervise dealers will vehicle paragraph sales for owing on the loan, to avoid loan risk. The fact proves adequately also, this check method is very obvious, of course, is the pre condition must not harm the interests of consumers.

Four, the car certificate financing risk prevention measures

Although the vehicle mortgage or pledge with the Auto Certificate pawns financing practice in accordance with the "property law", "guarantee law" and other laws, effectively avoid the illegal situation certificate pawns the invalid, but undeniable is, these practices still exist many risk factors, if improper operation credit, not only the interests of creditors as banks can not get effective protection, are more likely to purchase a car consumers the legitimate rights and interests of vulnerable situation even more serious, I think, should be to prevent from the following aspects.

1, as soon as possible, perfect the corresponding laws and regulations, plug the loophole in legislation, and prevent the simple use of the Auto Certificate pawns financing, infringes upon the lawful rights and interests of consumer behavior.

2, car dealer shall establish and perfect the safeguard measures and system, ensure the delivery to consumers of vehicles, all documents including certificate, vehicle be delivered past, efforts to prevent "lack of card to buy a car" phenomenon.

3, consumers in the purchase a car, once encountered dealers not delivered at the certificate of the situation, the specific time, should be with the dealer dealers with agreed delivery certificate of overdue delivery of the liability for breach of contract and unexpected loss compensation method, in order to better safeguard the legitimate rights and interests of their own.

4, the credit banks and car dealer in addition to the timely processing of the Auto Certificate pawns the containment procedures, should be signed in the mortgage contract, promptly to the administrative department for Industry and commerce to register the mortgaged property or strengthen the pledge vehicle monitoring, to prevent the other creditors of the mortgage (or pledge) disadvantage of vehicles and the lack of priority guarantee the.

5, the administrative department for Industry and Commerce shall further strengthen supervision on the operations of auto dealers, once found the legitimate rights and interests of illegal operation or "lack of card to buy a car" and other violations of consumer behavior, should be promptly investigated and dealt with, he shall be given a heavier punishment.

Use the Auto Certificate pawns financing as the auto industry "unspoken rule" has been popular for many years, but the financial institutions to carry out financial innovation mode is a major bright spot and growth point of profit. However, this way of financing in reality extensively, often accompanied by the legitimate rights and interests of consumers purchase a car badly damaged, so that consumers for banks, dealers and manufacturers benefit and win-win. This paper from the nature of the Auto Certificate pawns the behavior analysis, specifically cited the pledge forms of social harm, explore the automotive legitimacy operation certificate financing and its preventive measures of risk.

Analysis, the Auto Certificate pawns the nature of behavior

Definition and properties of 1, automobile certificate

The car certificate, the motor vehicle factory certification, is a legal document in motor vehicle production enterprises with the vehicle only printed and issued proof vehicle qualified, which contain the name of the enterprise, corporate identity and security information. For motor vehicle manufacturers, the certificate is proof of the motor vehicle qualification only legal files provide vehicle production enterprises, automotive "Zhunshengzheng", not qualified certificate, the car can't factory to enter the sales; for all motor vehicles to say, the certificate is for motor vehicle registration must be one of the legal evidence documents submitted, no certification, the vehicle owner bought enough natural cannot be registered in more normal use, not on the road; and for the vehicle management department, certificate is a effective tool for management of related departments of motor vehicles.

Visible, legal document Auto Certificate is only a car manufacturer in the vehicle with the factory car allotted only proof of vehicle qualified, does not have the property rights of the content, do not belong to the securities, more alone can not negotiable. Representing the car the chattel statutory rights certificate is the motor vehicle registration certificate, not the car certificate.

Analysis of 2, the Auto Certificate pawns the nature of behavior

Through the practices of the Auto Certificate pawns financing is: car manufacturers, car dealers and credit bank signed a three agreement (the majority and the Guarantee Corporation to guarantee), by bank credit to the dealer loans or issuance of bank acceptance bill payment on the car manufacturers to get in the car, as the control dealers to meet its obligations means, automobile manufacturers in accordance with the agreement in the vehicle to the dealers at the same time, the vehicle and the unique vehicle certificate as a pledge to the bank (or Guarantee Corporation), dealers sold vehicle with a pin to repay bank loans and the redemption of certificates (or subsequent vehicle certificate in exchange for the sale of the vehicle certificate), and then delivered to the consumer, the consumer with the car certificate to apply for registration of a vehicle in the vehicle management department and insurance procedures.

If the link can be a smooth transition is not any problem situation, the relevant parties can really achieve good benefit and win-win situation. But because of shortage of funds and access Distributor manufacturers more preferential price or achieve high rebate policy aspects of interests, often use the certificate has been redeemed in bank loans, or even to sell cars from the capital not to redeem the certificate while continuing to manufacturers in large quantities into the car, or funds diversion. Once the dealers funding chain fracture (such as misappropriation of automobile sales or for other debt disputes frozen funds), it is bound to cause a series of chain reaction, and finally lead to consumers in the purchase a car payment after paragraph long "car license" and not on the road "advanced plaything" or even "vehicle of money two empty" situation, prior to this, dealers often refused to inform consumers "certificate pledge" the truth, a serious violation of the consumer's right to know. While the lending bank also often causes the air to "certificate" loans uncollectible, the severe economic loss. Zhejiang "Ningbo dongben case", " de Shaoxing case", Shandong "Ji'nan accord" case ", Zibo enjoys the LAN case" and Beijing, Wuhan and other parts of the country have occurred in many consumers "car undocumented" malignant group event, this is a serious violation of the consumer interests, the best example.

So, in our country with the Auto Certificate pawns financing whether there is a legal basis, can get legal protection and support?

"Guarantee law" article seventy-fifth, "property law" for the 223rd article can be used for the pledge of rights by the one one way of enumeration is defined, in addition to the right to pledge must be legal, administrative regulations specified can pledge rights. But the law can pledge rights must meet the following conditions: 1, must be the property. Is refers to the real right, creditor's rights, intangible property rights to property for content, to value money right. 2, must have the assignment. The right of pledge right in value, if the debtor defaults, the pledgee can pledge the value of rights of priority, therefore, its price target may be, must have the assignment. 3, must be suitable for the pledge of rights. 4, must be legal rights certificate. Does not belong to the legal, administrative regulations can be used for other rights matter shall not pledge.

The foregoing, auto certificate is only a car manufacturer with car dispensed only proof of vehicle qualified legal file (format proof), neither has the attribute of property rights, no price possible, but does not belong to the legal can pledge the right type of, so the car certificate can not become the subject matter of a mortgage. If the dealer is not due to repay loans on schedule, the bank is not the Auto Certificate cash debt, also cannot dispose of the vehicle certificate corresponding to the car. So, although the car dealer and credit banks entered into the Auto Certificate pawns the contract, and the Auto Certificate delivered to the bank, the pledge is invalid. Moreover, with the car certificate to pledge, also in clear violation of the "contract law" the 136th regulation, is a serious violation of the contract obligations, so that consumers in the purchase of vehicles, because there is no certificate can not handle the vehicle registration and insurance procedures timely, serious violations of the legitimate rights and interests of consumers. Therefore, between the car dealers and banks signed only by the car certificate to pledge financing contract obviously belong to the invalid contract. This from all courts in such cases made the pledge contract invalid judgments are fully confirmed by.

Two, the Auto Certificate pawns the hazard analysis

(a) the harm caused by the credit bank

1, mortgage invalid result in loss of property guarantee to increase the loan risk

Because some credit bank or Guarantee Corporation mistakenly believe that control of the vehicle certificate is to control the car, the license pledge legal effect is equivalent to the effect of car pledge, so credit bank once and car dealers and manufacturers signed the Auto Certificate pawns the contract lending (or open a bank acceptance bill), once the car dealers do not credit or operating a major accident caused not timely repayment, due to invalid Auto Certificate pawns the behavior of credit, held by the bank or Guarantee Corporation is just a waste, not only can not rely on the car certificate to realize their creditor's rights, but also unable to realize the actual control of the car, the inevitable consequence of the enjoy the guarantee rights lost, which greatly increases the risk of credit loans, and very easy to produce the huge loan losses.

2, because the warehouse party supervision out of control, resulting in vehicle loss caused by loan loss.

In order to control the risk guarantee the safety of the loans, some banks or Guarantee Corporation in the Auto Certificate pawns at the same time, the real automobile into their supervision and control, pay attention to sales of auto dealers, distributors to supervision on time owing on the loan. For the storage and regulation of convenience, more in order to facilitate the auto dealers for car sales, bank or Guarantee corporation or warehousing company commissioned 4S shop in possession or control of the car, also allows dealers to take part in an automobile ceiling amount or quantity, or barter, on the margin of barter etc.. And by the third party supervision, bank or Guarantee Corporation in spite of a vehicle monitoring protocol in detail and, but still the existence of credit risk, operation risk and moral risk of the warehousing company, if the third party supervision or malicious collusion with the car dealer, lead to regulatory car unauthorized transfer or sale, and very a possible loan loss.

(two) harm to consumers

Needless to say, is the most direct, the most serious harm by the Auto Certificate pawns financing to consumers.

No certificate 1, after buying a car, not the vehicle registration to settle down, so that can not be normal use, the car became a senior toy.

If the consumer is not in the specified time to get the car certificate original and relevant documents, was unable to the vehicle management department handles the vehicle registration, motor vehicle registration certificate, issued by the vehicle management department is unable to obtain the license plate, vehicle license and the conformity inspection mark, so that the vehicle has no legal identity, but not the normal road. At this time to use the vehicle suspension, can only be temporary license plate, once the temporary license expired, only park become senior toys at home, if without the road, is a serious violation of the law, will be punished.

2, the accident consequences can only be paid by consumers themselves

Provisions of pilfer rush to deal with an emergency exemption clause, the vehicle without public security traffic management departments issuing driving permit or license plate number, or not according to the prescribed inspection, examination unqualified vehicles, are not in the scope of claims. Because no vehicle certificate can not handle the registration of motor vehicles in the motor vehicle insurance, but can not handle the formalities, the event of an accident, the insurance company does not assume compensation responsibility, the dealer will not bear all responsibility, only by the consumers themselves.

Discussion on validity of three, using the Auto Certificate financing

Although the certificate pledge is invalid acts by car, but this does not negate its financing function. If operating properly, the auto certificate and other relevant measures for financing is worth promoting, but also in line with the law.

The author thinks, should first from the concept of change the vehicle certificate can be used as the property right certificate pledge wrong understanding, make full use of it as the only proof of vehicle with car dispensed qualified legal document this unique characteristics, which become the implementation of real estate (car) a mortgage or pledge to contain the means of operation. The past simply by using the Auto Certificate pawns financing into the distribution of motor vehicle mortgage or pledge financing, at the same time through the Auto Certificate pinning the short-term pledge form, strict supervision of vehicle sales behavior of dealers, so as to ensure that dealers in the sales of vehicles after the sales for owing on the loan.

1, with the motor vehicle license pledge collateral

Auto dealers and credit bank signed by a motor vehicle mortgage contract, purchased from manufacturers use will be auto the chattel as bank loans or bank acceptance bill guarantee. For the sake of safety, the two sides can float vehicles to the local administrative department for Industry and commerce registration of mortgaged property. For mortgage and vehicle by the dealer to natural still possession, custody and sales, dealers for car sales for the repayment of loans.

2, the Auto Certificate pawns the guarantee with motor vehicle

Auto dealers and credit bank by signing a pledge contract, will be dealers from manufacturers to purchase cars to bank possession or custody, and to the real estate as loans to its security. In order to normal sales to dealers, used for pledge of motor vehicles can be stored in the warehouse and bank dealers who are directly responsible for the custody arrangements or entrust storage mechanism as the third party custody pledge vehicle way of implementing the real monitoring, dealers car sales for the repayment of loans.

Whether dealers purchased for use in vehicles to take the mortgage or pawns the guarantee way, in order to keep the dealer sales of vehicles, to prevent the dealer will sales of motor vehicles, used for other purposes, so as to let the dealer will be the number of vehicles license pledge to bank credit, and bank credit to the implementation of necessary supervise the account receivable dealer, dealer sales to ensure that funds for repayment. Of course, whatever form, in order to protect the consumer as the interests of vulnerable groups, the dealer before delivery to the consumer, must ensure that all documents of the vehicles including car certificate, there is no obstacle to complete delivery, whether through foreclosure or replacement method. If the delivery vehicles to consumers did not from the bank to retrieve the car certificate, you must explicitly inform the purchase a car consumers and determine the specific term certificate of delivery and responsible for the late delivery of responsibility, in order to ensure the enjoyment of the right to know as consumers, safeguard the legitimate rights and interests of the buyers.

In this two way of security, different made the existence of real right guaranteed. Auto dealers for upcoming purchase vehicles for collateral, in full compliance with the "property law" in article 181st of the floating mortgage. Even though there is no motor vehicle registration certificate is the only proof of vehicle ownership belongs to the legal documents, but the credit bank mortgage right shall be established since the mortgage contract, only collateral is not registered, not confrontation goodwill third person, and the floating mortgage, may not be against the normal business activities has paid a reasonable price and obtained the mortgaged property the buyer (i.e., purchase a car consumers), therefore, vehicle mortgage, there is still a certain credit risk of bank. While the auto dealers if the pledge for purchased for use in vehicles, pledge is credit bank on vehicle enjoyed since the car dealers to buy a vehicle delivery of its self custody or by its commissioned custody. Of course, no matter use vehicles as collateral or pledge, if dealers can not repay the loan maturity, while credit banks can exercise the mortgage right or pledge in accordance with the law and realize their rights.

In particular, whether a mortgage or pledge, the pledge of car license implementation, just credit bank makes full use of the certificate constraining effects on vehicle sales behavior of a containment means, is a kind of auxiliary measures of financing, its purpose is to conduct supervision on vehicle sales dealers, supervise dealers will vehicle paragraph sales for owing on the loan, to avoid loan risk. The fact proves adequately also, this check method is very obvious, of course, is the pre condition must not harm the interests of consumers.

Four, the car certificate financing risk prevention measures

Although the vehicle mortgage or pledge with the Auto Certificate pawns financing practice in accordance with the "property law", "guarantee law" and other laws, effectively avoid the illegal situation certificate pawns the invalid, but undeniable is, these practices still exist many risk factors, if improper operation credit, not only the interests of creditors as banks can not get effective protection, are more likely to purchase a car consumers the legitimate rights and interests of vulnerable situation even more serious, I think, should be to prevent from the following aspects.

1, as soon as possible, perfect the corresponding laws and regulations, plug the loophole in legislation, and prevent the simple use of the Auto Certificate pawns financing, infringes upon the lawful rights and interests of consumer behavior.

2, car dealer shall establish and perfect the safeguard measures and system, ensure the delivery to consumers of vehicles, all documents including certificate, vehicle be delivered past, efforts to prevent "lack of card to buy a car" phenomenon.

3, consumers in the purchase a car, once encountered dealers not delivered at the certificate of the situation, the specific time, should be with the dealer dealers with agreed delivery certificate of overdue delivery of the liability for breach of contract and unexpected loss compensation method, in order to better safeguard the legitimate rights and interests of their own.

4, the credit banks and car dealer in addition to the timely processing of the Auto Certificate pawns the containment procedures, should be signed in the mortgage contract, promptly to the administrative department for Industry and commerce to register the mortgaged property or strengthen the pledge vehicle monitoring, to prevent the other creditors of the mortgage (or pledge) disadvantage of vehicles and the lack of priority guarantee the.

5, the administrative department for Industry and Commerce shall further strengthen supervision on the operations of auto dealers, once found the legitimate rights and interests of illegal operation or "lack of card to buy a car" and other violations of consumer behavior, should be promptly investigated and dealt with, he shall be given a heavier punishment.

Zhenhai WebEx (reporter Dai Jianbiao correspondent three stone Xiaoqiang) at present, some banks to launch the car license pledge financing business, some car sales enterprises can certificate the unsold cars pledge to obtain bank loans, but it could easily lead to contract disputes. yesterday, District People's court in the Auto Certificate pawns the loan financing loan contract dispute.

The Auto Certificate pawns

The car certificate, is the motor vehicle factory certification, Department of motor vehicle production enterprises and vehicle allotment of printed indicate the company name, corporate logo and anti-counterfeiting information documents. To purchase a car consumers, auto certificate is one of the legal documents for motor vehicle registration, insurance, cancellation formalities must be submitted.

The Auto Certificate pawns the specific approach is: auto sales enterprise first signed with the Bank Auto Certificate pawns in accordance with the contract, the bank loan contract and the pledge contract loan, while the Auto Certificate pawns to bank deposit business sales, car sales car after the return to the bank loan principal and interest and for car certificate to.

Pledge loans 5000000 disputes    

In January 15, 2008, a Ningbo bank and the Ningbo automobile sales and Service Co., Ltd. signed a contract of short-term borrowing, agreed the auto sale Limited company to the bank loan of RMB 5000000 yuan, the loan period from January 15, 2008 to January 9, 2009. To ensure the security of loans, on the same day the bank and the automobile sales and Service Company Limited signed a pledge contract and pledge of rights issued a list of 8 copies, 38 cars in the company name certificate as document of title rights pledge for the above 5000000 debt guarantee includes the principal creditor's rights, the scope of principal and interest, overdue interest, welfare, impose a punitive interest, liquidated damages, damages and legal fees, security fees to realize creditor's rights fees and all other expenses shall be paid.

After the expiration of the loan, the automobile sales and Service Co., Ltd. has failed to repay the loan. As of 9 at the end of last year, the company still owed to the bank loans totaling 4000000 yuan, while the auto sale service limited company responsible person suddenly "evaporation", disappear without a trace. Bank debt without the door, then in December last year the sales services limited the car to court, demanding the return of the loan principal and interest on 4000000 of about 500000 yuan, and the requirements of the company license pledge auto disposal income corresponding payment priority.

The vehicle itself or ownership can pledge  

The court held that, although the banks and the auto Sales Service Co signed a pledge contract, but the car did not transfer to the Sales Service Co automobile bank deposit, bank deposit is auto sales car license, but the car certificate is only formatted qualified vehicle quality certificate, evidence of ownership is not the vehicle or vehicles, transfer car ownership is not to transfer certificate as a condition, the auto certificate does not have the market exchange value, not a property, is not a property right, the car certificate can not become the subject matter of the pledge, the pledge between the banks and the auto Sales Service Co is not established, so that the bank can not be disposal of the vehicle certificate corresponding to the car.

Without a car to sign

Automobile sales of Commercial Auto Certificate pawns the loan, if not timely repayment of loan losses, not just banks, consumer interests will be indirect damage. Auto dealers pledge financing vehicle certificate in the consumer inadvertently, if the car dealer or poor credit, capital chain problems, will produce the growth time in automobile consumer automobile certificate problem.

In get car license, the biggest victims are the consumers. No vehicle certificate cars cannot license, lead to consumers can not use the normal car; if temporary license for driving without a license or the use of expired, will produce risk and safety hazards. As happened in Shandong in the "Ji'nan accord" case, 13 Honda accord car owners are mostly from Shandong to buy a car sales company in 2008 February to April car, the Auto Certificate pawns in the bank due to the sale of the company, after the capital operation problems and cannot redeem the car certificate, leading to the owners in the purchase of a new car after more than a year still can not sign. In desperation, 13 cars advocate 一纸诉状将 sales company to court.

In Wuhan, Shaoxing and other places also occurred in many auto certificate pawns the loan event. The judge reminded, the current auto market Auto Certificate pawns the loan distribution of financial risk and consumer safety mode existing problem, should pay great attention to the social parties.