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Comparative Study on Chattel Mortgage System between Mainland and Taiwan

Author: QuYing
Tutor: WangXueXian
School: Dalian University of Technology
Course: Civil and Commercial Law
Keywords: Chattel mortgage Scope Effectiveness Register The realization of rights
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 79
Quote: 1
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Abstract


Taiwan \Property Secured Transactions Law on the scope of application, the effectiveness of the chattel mortgage registration system and the realization of the right of chattel mortgage are worthy of legislative learn from the mainland . Chattel mortgage system and compare the similarities and differences of the two sides legislation , hope mainland China chattel mortgage practice of legislative and financing guarantees benefit . The article is divided into five chapters: the first chapter of the comparison of the status quo of cross - strait chattel mortgage system chattel mortgage and mainland legal obstacles . The investigation report by the credit protection of the rights of the data displayed mainland China chattel mortgage practice situation , and introduced Taiwan security practice , which leads to the presence of a number of legal obstacles chattel mortgage system in China . The second chapter, \Specific comparative analysis the Guangxia mode and scope of cross-strait chattel mortgage scope of legislation , then put forward the mainland real estate collateral scope of application should be narrow . The third chapter of the effectiveness of the chattel mortgage . \Relevant existing legislative situation from the mainland and Taiwan - related legal system , the internal force and external force rules described chattel mortgage . Chapter chattel mortgage registration . \Introduce the mainland chattel mortgage registration practice and Taiwan chattel mortgage registration , stating that the direction of reform of the mainland chattel mortgage registration . Chapter 5, \The mainland area chattel mortgage realization of the right way and chattel mortgage the realization of the right to the legislation , pointing out that the mainland chattel mortgage realization of the right way should be reformed , including private force to achieve the introduction of the right of chattel mortgage to simplify judicial procedures and the introduction of malicious acts of criminal responsibility .

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CLC: > Political, legal > Legal > Chinese law > China and France
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