論存貨質押設立的法理

存貨質押有靜態質押和動態質押之分，它們的標的物都是動產，符合物權客體特定性的要求，而動態質押與浮動抵押存在根本差異，故存貨質押屬於動產質押，應適用動產質押的設立規範。在通常情況下，存貨質押的設立，當事人要麼應完成佔有改定之外的交付形態，要麼應實現共同佔有，這是其必備的公示要件。在質押監管時，根據不同情形，監管人應取得質物的直接佔有，或與出質人共同佔有質物，無論如何，出質人不能獨力控制質物。存貨質押的設立不限制出質人的處分權，出質人能把同一質物再出質給其他債權人，從而形成先後順位的質權，後順位質押的設立同樣適用上述標準。

There are two types of field warehousing, namely static and dynamic forms, in pledge and the subject of both is movable property, which is consistent with the principle for the specificity in objects of real right. While there are fundamentally differences between dynamic pledge and floating charge, and field warehousing is one kind of the former, laws for pledge is applicable for field warehousing. Normally, in the establishment of field warehousing, the two parties either choose transferring methods except constitutum possessorium or realise joint possession, which meets the requirement for the doctrine of publicity. Moreover, in the procedure of supervision, warehousing companies have to obtain direct possession exclusively or possess inventory with the pledger jointly. In any event, the pledger could not be allowed to control inventories exclusively. While the pledger is allowed to dispose the inventory and establish new pledge with other pledgees, which forms the succession for priorities of payment between pledgees.