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Brief Analysis on the Improvement of Chinese Chattel Mortgage System

Author: ChenZuo
Tutor: ZhengYunRui
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Chattel Mortgage Register Transfer High priority.
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 68
Quote: 0
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Abstract


Its for chattel mortgage system began in the Guarantee Law, subsequently promulgated by the Supreme People's Court on the applicable Guarantee Law of the People's Republic of China> Interpretation of Several Issues \a more sophisticated process. The principle of these provisions are slightly rough, some problems to be solved in the judicial practice nor to be clear, it is difficult to say chattel mortgage system has been fully formed, from the mature or perfect way to go. Plus chattel mortgage system specification itself is difficult to reconcile the inherent contradictions, so certainly chattel mortgage system in China a positive role in promoting the financing security claims to achieve, but also can not ignore the system of traditional property law system the impact of a variety of difficulties encountered in the practical application. Text In addition to the introduction and conclusion, a total of three parts: the first part of the chattel mortgage system overview, a total of two. Section I briefly introduced the chattel mortgage system in the countries of the evolution of its legislative status quo, and comparative analysis of the strengths and weaknesses of the legislation of the chattel mortgage system of civil law and common law countries, on comparative law to provide for the correct evaluation of chattel mortgage system inspiration. Section II, objective comment on the function and application of the plight of the value of the chattel mortgage system. Provide a theoretical foundation to correctly understand and solve the problem of chattel mortgage is below. The second part is the main problem of the chattel mortgage system, a total of three. That part of the most controversial scholars from various countries on the current three main issues - the rights of publicity of chattel mortgage, transfer and the effectiveness of the chattel mortgage over the chattel mortgage was discussed. Through the analysis of the various problems of the current rules, the root of the problem where, then explore a more reasonable solution. The third part is the perfection of the system of chattel mortgage, a total of two. The first section, based on the research results of the second part of the paper, and to reflect on our system of chattel mortgage problem. Mainly in the lack of Chattel Mortgage, chattel mortgage range of subject matter is too broad, and the chattels mortgage and the effectiveness of the right quality rules missing. Section II, on the basis of to draw national legislation experience, combined with the tradition of our country's legislative practice and Secured Transactions, respectively, put forward a sound advice: First, unified registration, and gradually establish a convenient and safe, low-cost national network chattel mortgage inquiries system to simplify the registration process, simple registration content and appropriate imprinted or engraved system introduced chattel mortgage publicity, purchase invoices endorsement system, the table of contents of property systems and notary system, construct a complete chattel mortgage publicity system; followed appropriately reduced the chattel mortgage range of subject matter, the value is very small and easy to consume chattel excluded; Finally, the distinction between the right to chattel mortgage is registered, establish the effectiveness of rules: Chattel Mortgage has been registered, according to both the establishment of the time has determined its priority pick. If you are not registered, the right quality constant superior to the mortgagee.

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