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最近一段时间,佛山审顺德、石湾、城区等地先后出现了十余起典当案件.经过审理,发现典当行在经营过程中存在着诸多法律问题,亟待人们去认识、研究和解决,以下择要而折.一、典当的内涵关于典当的内法,时下可谓见仁见智,众说纷坛.概括起来,大致有三种观点:一种观点认为典当即典,是指典权人支付典价,占有出典人的不动产,取得对该不动产使用和收益的权利.出典人逾期不赎,则生绝卖之效.1986年5月27日最高人民法院《关于房屋典当回赎中几个有关问题的批复》中所指的典当,就是一种典型的典.第二种观点认为典当即当,是指出当人以动产作抵押,从承当人处获得借款,在约定期内还
Recently, more than ten pawn cases have appeared in trial Shunde, Shiwan, urban areas of Foshan, etc. After the trial, it was found that there are many legal problems in pawnshops in the course of business operation, which urgently needs to be recognized, studied and solved by the following choices However, the contention of the pawn is about the internal law of the pawn, nowadays it can be described as a matter of opinion with different opinions, and there are three kinds of opinions: in general, there are three kinds of viewpoints: one is that the pawn is the classic code, People's real estate, to obtain the right to use the real estate and proceeds. Exodus overdue non-redemption, the effect of the sale of unscrupulous ... May 27, 1986 the Supreme People's Court “on the housing pawn redemption in a number of issues Reply” Refers to the pawn is a typical code.The second point of view that the pawn is when it is pointed out that when people use movable property as a security to obtain loans from the undertaker, also in the contract period