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Strugglesl for Existence the Order of the Bits Relations by the Movaconcerning Personal Security

Author: LiuJing
Tutor: YinTaiShun
School: Yanbian University
Course: Civil and Commercial Law
Keywords: movable security deposit rank competing relations
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 82
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Abstract

With the economic development of all countries,a security interest in the system of movable property is receiving increasing attention,a security interest in movable handle depositors rank competing relations, both to encourage the parties to the transaction,benefits and give full play to the property and protect the security of transactions,the maintenance of social order stability.A security interest in movable property,including mortgages,and liens quality.Because none of the above in order to guarantee the necessary conditions for the establishment of registration,so if there is more than one or two at the same time the existence of a security interest in movable property in the same property, this will occur Priority rank of relations.This article will keep competing security interest in movable property is divided into the same types of movable property competing security interests of different types of deposit and a security interest in movable property kept competing for two basic kind of state the following research:一.The same types of security interest in keeping King1.Chattel mortgage on the right to compete to survive,due to the mortgage registered against the mining,and therefore whether their registration were set to take the principle or the principle of the same sequence.2.Movable mass on the right to keep competing,"property law" provides the right quality in order to "deliver" the establishment of conditions for its quality at the right to keep competing in principle to set up to deal with the principle of priority;but the right quality and the right quality to keep when competing for the exception,in accordance with the principle of giving priority to occupy the right of the effectiveness of quality first.3.Took place a lien on any property may keep competing,I am sure that adoption of this article.Sequence relations office,unless otherwise agreed by the parties,in accordance with the principle of possession, after the establishment of the rank as a priority lien.二.Different types of security interests has kept1.The right of chattel mortgage with the right quality movable kept competing,according to postpone the quality first,after the precursor charge,pledge,etc.At the same time,three cases,respectively,the application of the principle of setting priorities and principles at the same time sequence.2.Movable chattel mortgage lien and the right to keep the competition is divided into first anddefer the remaining charge after the first two cases remain,namely the application of the principles and priority of bona fide third principle of giving priority to security interests.3.Movable property rights and quality of competing lien to survive,to stay after the first application of the quality of bona fide third parties when a security interest in the principle of giving priority;as an exception,when the precursor after leaving a security interest in the rights conferred the right to choose.In addition,the movable property of the competing security interest in keeping with the tradition also involves the priority and the goodwill of the modern system of coordination achieved.With statutory priority priority rank,but there are also the exception.Bona fide third of the legitimate rights and interests take precedence over the interests of other creditors.Competing security interests on movable rank relations keep improving legislation,proposed the expansion of personal security and the scope of the secured claim;security interests can be simple,set up an efficient manner;non-possessory security interest in movable type recognition system;establish clear and predictable rules of the priority rank;the development of effective and rapid implementation of a security interest in movable property,such as five-point program.

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