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The bit sequence Relationship of the security interest in competing saved

Author: YangDi
Tutor: ZhangJingFang
School: Zhengzhou University
Course: Civil and Commercial Law
Keywords: Security interests Co-existence Priority rules
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 234
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Abstract

The development of market economy makes the safety of transaction become the focus of attention. Security interests,as an important style of guaranteeing obligors’ rights, has become more and more popular . Consequently, the powerful function of security interests is also flourishing. When two or more security interests which all have priority in compensation exist the same property simultaneously, additionally, the actual value of the property can’t satisfy all creditors’ claims, the validity of those security interests will conflict. Which security interest should be prior to the others, this time? Namely, the priority rules between the co-existing security interests greatly affects the deferent creditors. In this thesis, the author will try to make a systematic study on the priority rules between the co-existing security interests and relative problems from the following several aspects.In the first part: the study on the basic theory of co-existing security interests. Analyzed the concept and conditions of the security interests co-existence , the principle of regulating the conflict, the importance of studying their priority rules. In this part, inrtoduce the demonstrative principle of real right by occupancy and he principle of protecting special interest,and regulate the Priority rules between the co-existence security interests by the two bascial rules.In the second part: the priority rules of the co-existing typical security. Analyze the priority rules between mortgage and pledge, mortgage and lien, pledge and lien by the principle of regulating the priority rules between the co-existing security interests. When the conflic of mortgage and pledge happens, by the demonstrative principle of real right by occupancy, in the situation ot the mortgage existing earlier than the pledge, registered mortgage is prior to the pledge, on the contrary, if the mortgage didn’t register, the pledge is prior to the mortgage. In the situation of the mortgage existing earlier than the pledge, when the pledgee established the mortgage, the pledge is prior to the mortgage; when the pledger established the mortgage, the mortgage is prior to the pledge. When the conflic of mortgage and lien happens, in the

The bit sequence Relationship of the security interest in competing saved

Abstract

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