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票据作为一种金钱债权证券,具有其特殊的优势,被广泛应用于担保和融资领域。但有关票据质押生效的要件该如何认定,在法律规定上仍存在诸多矛盾,法官依据不同学术观点所作出的判决会对票据的权利归属产生不同的影响。从票据作为有价证券的特殊性出发,基于效率和安全性两方面考虑,票据的质押背书能够保障票据债权人和债务人双方的权利和财产安全,质押背书应作为票据质押生效的必须要件。
As a kind of money debt securities, bills have their special advantages and are widely used in guarantee and financing fields. However, there are still many contradictions in the laws and regulations, and the judgments made by judges according to different academic views will have different impacts on the ownership of the instruments. From the peculiarity of the notes as the securities, considering the efficiency and safety considerations, the pledged endorsement of the notes can protect the rights and property of both the creditor and the debtor of the notes. The pledge endorsement should be an essential requirement for the pledge of notes.