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Study on System of Chattel Mortgage

Author: LuZuo
Tutor: WeiShengLi
School: Nanchang University
Course: Civil and Commercial Law
Keywords: General chattel mortgage Subject-matter insured Kindness to get Aid certificate
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 73
Quote: 0
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Abstract

The system of the chattel mortgage will be liked by more people due to the development of the word economic and growing of chattel value and the demand of financing upon chattel. At present the most countries of the world have recognized the chattel mortgage, like United Kingdom、France、Japan and the Chinese Taiwan. The chattel mortgage system have regulated more comprehensive in this countries and regions. More important, most of the countries and regions admit chattel mortgage and the higher level of economic market developed, the higher developing level of chattel mortgage reach to.In our country The Property Law Of The People’s Republic Of China which was put into effect in 2007 regulate perfectly about chattel mortgage. The chattel mortgage has played an important role in promoting economic development and ensuring the safety of the trade. But it is beyond question that both in legislation and in practice some deficiencies really exist in chattel mortgage, for example, China should limit the scope of chattel mortgage; The way of certificate of registration against others is not united; There are too many registry departments and the registry procedure is too complicated. In floating mortgage system the subject was too broad; The range of the subject-matter insured is too narrow, and so on.I mainly use the comparative method and economic analysis method and value measure in this article. To protect the integrity of the system and to protect the safety of the trade are the cores of the system. The author refers to foreign advanced legislation samples, considers the theory and different rules about our country and other countries of the academics and the law of chattel mortgage. In the complementarities of ideas and guidance I raise the proposal of our chattel mortgage system. For instance, China should limit the scope of chattel mortgage and should limited the subject in the range of the identifiable movables. China should improve the system of the chattel mortgage. China should charge the way of certificate to registration of force instead of registration of against others. Administration for Industry and Commerce should be the only registry departments; China should predigest the registry procedure, and increase the aid certificate. In order to blow the actor who are malicious hurt the interests of the parties and better protect the others, China should increase the criminal responsibility of the malicious actors. To improve the system of floating mortgage, China should limit the scope of mortgage to be corporation; China should expand the scope of the floating mortgage for all of the property including tangible assets and intangible property and so on; China should set up in one system.

Study on System of Chattel Mortgage

Abstract

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