【关键词】流质条款 担保物权 优先受偿意思自治 民法典
On the interpretation of liquidity pledge in civil code
[Abstract] for a long time, the issue of liquidity pledge terms has not only been controversial in academic circles, but also in civil trials. The phenomenon of "different judgments in the same case" has occurred from time to time. With the transformation of the society, many reasons for the prohibition of mobile pledge contract in the traditional society have been put forward today, and its irrationality has become increasingly prominent, which is also illustrated by the trend of foreign legislation. From the three aspects of social value, economic value and legal value, it is unnecessary to force the floating pledge contract into the civil and commercial aspects, and it is also lack of operability. From the perspective of the newly adopted civil code of China, the attitude of legislators towards the mobile pledge contract has softened, but there are still some deficiencies in the investigation of specific provisions. After the implementation of the code, we should clarify the way to realize the mobile pledge contract in the civil code through judicial interpretation.
[Key words] liquidity pledge clause; security interest; priority of repayment; autonomy of will; civil code