民法典标准英腔女声朗读Article430~457

14分钟 ·1 年前

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Article 430

A pledgee has the right to collect the fruits and proceeds accrued from the pledged property unless otherwise agreed in the contract.

The fruits and proceeds as specified in the preceding paragraph shall first be applied to offset the expenses of collection of them.

Article 431

A pledgee who, during the effective period of the pledge, uses or disposes of the pledged property without the consent of the pledgor and thus causes damage to the latter shall be liable for compensation.

Article 432

A pledgee is obligated to well keep the pledged property, and shall be liable for compensation where the pledged property is destructed, damaged, or lost due to his improper custody.

Where the pledgee’s act is likely to cause the pledged property to be destructed, damaged, or lost, the pledgor may request the pledgee to place the pledged property in escrow, or request the pledgee to discharge the obligation before it is due and return the pledged property.

Article 433

Where, due to a cause the pledgee is not responsible for, the pledged property is likely to be damaged or significantly diminished in value which suffices to jeopardize the pledgee’s rights, the pledgee has the right to request the pledgor to provide additional security; where the pledgor fails to do so, the pledgee may have the pledged property sold at auction or in a sale and may, by agreement with the pledgor, apply the proceeds obtained from the auction or sale to discharge the obligation before it is due or place such proceeds in escrow.

Article 434

A pledgee shall be liable for compensation where he, during the effective

period of the pledge, repledges the pledged property without the consent of the pledgor to a third person and thus causes destruction, damage, or loss to the pledged property.

Article 435

A pledgee may waive his right to the pledge. Where a debtor creates a pledge on his own property and the pledgee waives his right to the pledge, the other security providers shall be exempted from the security liability to the extent of the rights and interests of the pledgee that are forfeited owing to the waiver of his priority to be paid from the collateral, unless the other security providers are committed to still provide security.

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爱因斯坦的梦

2025.5.09

你好，请问你的英音有什么诀窍吗？我想练，但是怎么都没有效果….

ASUKA_13

:我认为模仿是非常高效的一个方法，找到自己喜欢的发音范本音频，从低倍速开始多听并跟练，长久反复练习，坚持下来一定会看到成效，加油！

ASUKA_13

:没事噢

共3条回复

ASUKA_13

2025.4.24

Article 454
A debtor may request the lienholder to enforce the lien after expiration of the term of performance of the obligation; where the lienholder fails to do so, the debtor may request the people’s court to have the retained property sold at auction or in a sale.
Article 455
After the property retained under a lien is appraised and accepted by the lienholder as full or partial satisfaction of his claim, or is sold at auction or in a sale, where the value of the retained property or the proceeds obtained from auction or sale of the retained property is in excess of the amount of the obligation owed, the excessive portion shall belong to the debtor, while any deficiency shall be satisfied by the debtor.
Article 456
Where a lien is created on a movable property on which a mortgage or pledge has already been created, the lienholder has priority to be paid.
Article 457
A lien is extinguished where the lienholder loses possession of the retained property or accepts another form of security provided by the debtor.

ASUKA_13

2025.4.24

Article 448
The movable property retained under a lien by the creditor shall be in the same legal relationship as the underlying claim, unless the lienholder and the debtor are both enterprises.
Article 449
The movable property that may not be retained under a lien as provided by law or agreed by the parties may not be so retained.
Article 450
Where the property retained under a lien is a divisible thing, the value of the retained property shall be equivalent to the amount of the obligation.
Article 451
A lienholder is obligated to well keep the retained property and shall be liable for compensation where the retained property is destructed, damaged, or lost due to improper custody.
Article 452
A lienholder has the right to collect the fruits and proceeds accrued from the property retained under a lien.
The fruits and proceeds as specified in the preceding paragraph shall first be applied to offset the expenses for collecting them.
Article 453
A lienholder and the debtor shall reach an agreement on the term of performance of the obligation after the property is retained under the lien; where there is no agreement or the agreement is unclear, the lienholder shall give the debtor a period of 60 or more days as the term of performance, unless the retained movable property is fresh, living, or perishable so that it is hard to keep it for long. Where a debtor defaults upon expiration of the term of performance, the lienholder may, upon agreement with the debtor, appraise and accept the retained property to fully or partially satisfy the obligation, or be paid with priority from the proceeds obtained from auction or sale of the retained property.
The appraisal or sale of the retained property shall be based on the market price.

ASUKA_13

2025.4.24

Article 444
A pledge on a proprietary right in intellectual property, such as the right to the exclusive use of a registered trademark, a patent right, or copyright, is created upon registration.
A proprietary right in intellectual property, after being pledged, may not be transferred or licensed by the pledgor to another person, unless otherwise agreed by the pledgor and the pledgee through consultation. The proceeds obtained by the pledgor from the transfer or licensing of the proprietary right in the pledged intellectual property shall be applied to pay to the pledgee to discharge the obligation before it is due or be placed in escrow.
Article 445
A pledge on an account receivable is created upon registration.
An account receivable, after being pledged, may not be transferred unless otherwise agreed by the pledgor and the pledgee through consultation. The proceeds obtained by the pledgor from the transfer of the account receivable shall be applied to pay to the pledgee to discharge the obligation before it is due or be placed in escrow.
Article 446
In addition to the provisions of this Section, the relevant provisions of Section 1 of this Chapter shall be applied to the pledge on rights.
Chapter XIX Lien
Article 447
Where a debtor fails to perform his obligation due, the creditor may retain the debtor’s movable property which is already in the lawful possession of the creditor and has priority to be paid from the movable property.
The creditor as specified in the preceding paragraph is the lienholder, the movable property in his possession for this purpose is the property under lien.

ASUKA_13

2025.4.24

Section 2 Pledge on a Right
Article 440
The following rights, which a debtor or a third person is entitled to dispose of, may be pledged:
(1) bills of exchange, promissory notes, and checks;
(2) bonds and certificates of deposits;
(3) warehouse receipts and bills of lading;
(4) transferable fund shares and equity;
(5) transferable proprietary rights consisted in intellectual property such as the right to the exclusive use of registered trademarks, patent rights, and copyrights;
(6) existing and after-acquired accounts receivables; and
(7) other proprietary rights that may be pledged in accordance with the provisions of laws and administrative regulations.
Article 441
Unless otherwise provided by law, a pledge on a bill of exchange, promissory note, check, bond, certificate of deposits, warehouse receipt, or bill of lading is created at the time when the certificate of such a right is delivered to the pledgee, or, in the absence of such a certificate, at the time when the pledge is registered.
Article 442
Where the maturity date for the payment or the delivery of goods against a pledged bill of exchange, promissory note, check, bond, certificate of deposits, warehouse receipt, or bill of lading precedes the due date of the principal claim, the pledgee may cash the certificate or take delivery of the goods, and, upon agreement with the pledgor, apply the purchase price or the goods accepted to discharge the obligation before it is due or place it in escrow.
Article 443
A pledge on fund shares or equity is created upon registration of the pledge.
The fund shares or equity, after being pledged, may not be transferred unless otherwise agreed by the pledgor and the pledgee through consultation. The proceeds obtained by the pledgor from the transfer of the pledged fund shares or equity shall be applied to pay to the pledgee to discharge the obligation before it is due or be placed in escrow.

ASUKA_13

2025.4.24

Article 436
A pledgee shall return the pledged property after the debtor has performed his obligation or the pledgor has paid the secured claim before it is due.
Where a debtor fails to perform an obligation due or an event upon the occurrence of which the pledge is to be enforced as agreed upon by the parties occurs, the pledgee may, by agreement with the pledgor, appraise and accept the pledged property as satisfaction of his claim, or have priority to be paid from the proceeds obtained from auction or sale of the pledged property.
The appraisal or sale of the pledged property shall be based on the market price.
Article 437
A pledgor may request the pledgee to enforce the pledge in a timely manner after expiration of the period for the performance of the obligation; where the pledgee fails to do so, the pledgor may request the people’s court to have the pledged property sold at auction or in a sale.
Where a pledgor requests the pledgee to enforce the pledge in a timely manner, and damage is caused to the pledgor owing to the pledgee’s indolence in doing so, the pledgee shall be liable for compensation.
Article 438
After a pledged property is appraised and accepted by the pledgee as full or partial satisfaction of his claim, or is sold at auction or in a sale, where the value of the pledged property as appraised or the proceeds obtained from auction or sale is in excess of the amount of the obligation owed, the excessive portion shall belong to the pledgor, while any deficiency shall be satisfied by the debtor.
Article 439
A pledgor and a pledgee may create a maximum pledge for floating claims upon agreement.
In addition to the relevant provisions of this Section, the relevant provisions of Section 2 of Chapter 17 of this Book shall be applied mutatis mutandis to the maximum pledge for floating claims.

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