混合现物出资对抵押物出资的启示

从资本安全的考虑出发 ,否定抵押物进入公司设立领域固然有其法律依据和法理支撑 ,但缺乏完全禁止抵押物出资的充分理由。德日两国的混合现物出资方式无疑可资有益借鉴。在我国法律现有框架下将抵押物流通制度与现物出资规制制度有机结合 ,同时予以必要的完善 ,是完全可以实现抵押物的合法出资的。

Enlightenment from Providing Funds by Mixed Subsisting Goods to Providing Funds by Mortgage of Goods

In view of capital safety,there are admittedly certain legal basis and support to deny mortgage of goods into companies. But the reasons are inadequate to comp letely prohibit providing funds by mortgage of goods. Undoubtedly the way of pro viding funds by mixed subsisting goods between Germany and Japan produced benefi cial reference. Under the existing legal structure of our country,it is possibl e to legally provide funds by mortgage of goods by means of organically combinin g circulation regulation of mortgage of goods with the rules of providing funds by subsisting goods,and simultaneously grant necessary improvement.