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Researches on System of the Engage Right in Rem for Security

Author: LiChengLong
Tutor: XuFengZhen
School: Shandong Institute of Economics
Course: Civil and Commercial Law
Keywords: Property Rights Transfer Guarantee System in Unified concept Publicity Effectiveness
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 69
Quote: 0
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Abstract


In this paper, intended to set the type of the Secured Transaction Law system as the starting point , the system elaborated meaning given chattel security interest abroad and in the course of development of our country , meaning given the evolution of the type Secured Transaction Law and its theoretical foundation focused on combining relevant international organizations on the meaning given the legislative provisions of the secured Transaction Law , the analysis of our current problems and shortcomings of the meaning given the secured Transaction Law type system , and then put forward to improve our meaning given the recommendations of the secured Transaction Law type system . The paper is divided into six parts , the first chapter is the introduction , the main contents include the research background and significance of the research status and research methods as well as the papers of innovation . Chapter II study civil law and the common law system of the 20th century before the Italian fixed chattel security interest type system . Chapter from a rights guarantee Chattel guarantees and retention of title transfer floating charge of the subject matter of a particular breakthrough , the maximum amount mortgage summarized from the perspective of attributes breakthrough and chattel mortgage legislation such atypical development of the security interest . The fourth chapter describes the unification of the concept of a security interest in the latest trends in the United States , France , and relevant international organizations in the field of Secured Transaction Law , the fifth chapter analyzes the current law meaning given the lack of Secured Transaction Law type system , such as the right to pledge the boundaries are not clear and the rights secured chattel mode of publicity and publicity effectiveness affect the integrity of the system of chattel security interest is not uniform . Chapter VI from the establishment of the unified Han proactive security interest in the concept and system support two angles improve our meaning set chattel security interest type system recommendations , including the establishment of a unified chattel security rights on this basis distinguish transfer possession of security rights in movable property and registration of the chattel security rights of publicity . Supporting part in the relevant systems , mainly to discuss the adoption the publicity into force doctrine and the establishment of a unified chattel secured two elements of the electronic registration system .

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