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Study on the Demonstration of Chattel Mortgage

Author: LvTianZuo
Tutor: LuoXiaoJing
School: Zhengzhou University
Course: Legal
Keywords: chattel mortgage disadvantage of demonstration conflict of rights
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 64
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Abstract

Chattel Mortgage uses registration as a publicity mode, which conflicts with the traditional way of publicity—Possession. Our country takes Registration Antagonism, which produces irreconcilable conflict between registration of resistance and possession of credibility. It also produces conflict of laws between mortgagee and other movable property mortgagee, movable pledge, personal property lien and movable bona fide assignee. This thesis use jurisprudence, comparative law and economics as research methods, and the value of equity and efficiency of the system as the core. It analyzes the deficiency of the system, and puts forward some ideas and suggestions to improve the publication system of chattel mortgage of our country.This thesis is divided into four parts:In the first part, I will introduce the present legislation and defects of publication system of chattel mortgage in our country.Reference to the legislation of Japan and Taiwan, our "Guarantee Law" clearly admits the publication system of chattel mortgage and makes more comprehensive provisions for it. The publication of "Guarantee Law" solves some theoretical and practical problems of it, but there are still many defects and omissions. For example, personal property mortgage defects approach has not been resolved, and there is no provision the scope of a third person in good faith, and so on. The deficiency of legislation, will seriously affect the safety and efficiency of transactions.In the second part, I will talk about the conflict of rights caused by defects in chattel mortgage.Because chattel mortgage does not transfer possession of the subject matter, the third person could not know whether it sets up movable chattel mortgage. If the mortgagor takes other sanctions on mortgage at this time, it will produces conflict of laws between mortgagee and other movable property mortgagee, movable pledge, personal property lien and movable bona fide assignee. However, this is the result caused by the defects of the publication system of chattel mortgage. Because of this, the key to resolve the conflict between system of chattel mortgage and other relative legal system is to deal with the defects of the publication system of chattel mortgage.In the third part, I will compare the publication system of chattel mortgage between different countries or areas.This part will study the attitudes of Civil Law countries, Common Law countries and Taiwan on chattel mortgage. It also takes comparative study according to different ways of publication and effects set by the particularity of the chattel mortgage system, and analyze the scientific and deficiency of different modes. So this has certain reference and significance for the perfection of the publication system of chattel mortgage in our country.In the fourth part, I will talk about the perfection of the publication system of chattel mortgage in our country.When they are at a certain period in economic development, many countries will need to regulate the chattel mortgage system, and they will take various measures to fetch up the defects of the publication system of chattel mortgage. I think our country should also reference the legislative experience from home and abroad. We can take three steps to perfect the publication system of chattel mortgage:firstly, we will intensify the public effect according to attach the identification on the basis of distinguish different subject matter, which will perfect the publication system of chattel mortgage from the source; secondly, we will unifies registration authority and establish a registration information query system, and supervise the subject matter of chattel mortgage during the circulation of the transaction; thirdly, we will introduce the public law sanctions on the fraud which use the defects of the publication system of chattel mortgage to Maintain the authority of the above measures.

Study on the Demonstration of Chattel Mortgage

Abstract

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