论票据质押的权利担保与物的担保的二元性

The Duality of Bill Pledge

票据作为有价证券,其基本属性应当是票据这张纸和权利的结合。在票据质押中,我们不能只关注票据所表彰的权利的质押,而忽视票据本身作为物的质押担保。作为提示性证券,票据权利脱离了证券的载体物,将对票据权利的行使带来困难。

As negotiable instruments, the bills have their nature of a paper and rights. In bill pledge, it is not only necessary to concern the rights that the bill expressed, but also the guarantee of property in the bill itself. As a security of presentation, rights of the bill are separated from the bill itself and thus make it difficult to perform the rights on the bill.