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Study of Chattel Mortgage Registration System

Author: ShaoMingFu
Tutor: LiXiuFen
School: Shandong University
Course: Legal
Keywords: chattel mortgage mortgage registration registration authority registration procedures the effectiveness of the registration
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 128
Quote: 3
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Abstract

Amongst the various types of movable property the increasing value increasing, and thus movable in the social and economic life in the increasingly important role. Chattel mortgage system is a kind of movable property to satisfy both the needs of all financial intermediation, without prejudice to the right of possession and use of movable property security regime, the progressive academic community is of public concern. Chattel mortgage registration system is the principle of property in the chattel mortgage system of publicity in the embodiment of the core of the whole system of chattel mortgage. The United States has been seeking in-kind community a unified system of movable property secured transactions, through the unremitting efforts.A unified, function characterized by the United States Uniform Commercial Code, Part IX has finally been made, and the U. S. states accepted. "The United States Uniform Commercial Code" as a basis can be applied to any one market economy country, and its usability, operability of the strong, so thatⅨ(ie personal property security series) is undoubtedly the most modern countries in the world today, the most reasonable and the most perfect system of guarantees. If you have a suitable security systems around the world, it is that the adoption of Part IX. China’s "Guarantee Law", "Property Law" also admitted that chattel mortgage system, but due to existence of chattel mortgage registration system for various More than the lack of and deficiencies, thus resulting in a chattel mortgage system in China’s operability is not strong, does not meet chattel mortgage financing system should be guaranteed the role. China’s "Guarantee Law", "Property Law"-depending on the nature of their movable property, were taken to the registration system, rather than a unified registration system, in practice movable property registration agency guarantees up to 14. As much as the registration authority will undoubtedly increase transaction costs for the parties; the contents of my chattel mortgage registration is both complex and numerous, more than a guarantee the content contained in the contract, so not only the economic situation of the parties completely exposed, while the registration process is too Complex.Miscellaneous, and inviting annoyances, not easy to log in and search your computer; my personal property security law is very complicated process, both a general rule, there are special provisions, which resulted in the actual operation, security in movable assets, high transaction costs; my personal property mining the effectiveness of the registration of registered mortgage against the doctrine, which is basically can adapt to China’s economic development. However, on the "non-registered, not against a third person" in the "non-registered, not confrontation" and "third person" has not announced specific explanation, it could in practice result of operation. In view of our present existence of the chattel mortgage system in the various drawbacks, the author suggested that the Bureau for the registration authorities to establish a unified Chattel Mortgage Authority; to declare the registration system for the registration of the content of our establishing uniform rules of Chattel Mortgage; to register to Confrontation the effectiveness of our chattel mortgage registration requirements and introducing the legal interpretation of the relevant key words. In view of the absence of chattel mortgage registration system and the lack ofReconstructi-on of the above system, the full realization of the chattel mortgage system should guarantee the financing role, as China’s socialist economic development and make greater contribution.

Study of Chattel Mortgage Registration System

Abstract

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