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On the Perfection of China 's chattel mortgage

Author: LiuHongJun
Tutor: LiuBaoYu
School: Shandong University
Course: Civil and Commercial Law
Keywords: Chattels mortgage Publicity Register
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 115
Quote: 2
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Abstract


This thesis is focused on the basic theory of chattel mortgage legislation, combined with the civil law principle Throughout the developed market economy countries and regions chattel mortgage legislation instance and our judicial practice, analysis of the differences, explore the pros and cons, to judge the trade-offs to a chattel mortgage set effectiveness as a research object, using the method of comparative law, legal philosophy, economic analysis, and trade-offs, for the scope of the subject matter of the choice of the mode of publicity, confrontation effectiveness of the registration, the coexistence of multiple mortgagee compensational priority protection as well as processing, etc., in conflict with other security interest in the collateral assignee study, in order to put forward constructive ideas for our country chattel mortgagee theory of perfect. Can be summarized as the following: reform chattel mortgage set-related issues, including the scope of the subject matter, the choice of the mode of publicity, registration confrontation effectiveness. First, scientifically determine the scope of the chattel mortgage of the subject matter, in order to facilitate the implementation of the Public Registry was set on future property mortgage Divide do not insist on the value of the collateral must exceed the amount of the secured claims; Secondly, \established - Registration Antagonism, given the parties fully autonomous option and without registration shall not be bona fide third party; addition, it is recommended that the implementation of the uniform registration of the \simplify the handling of queries and convenient, give full play to the registration of publicity function. 2, refined real estate required by the order of the mortgagee the right to improve the protection of collateral assignee. Chattel mortgage without registration, the mortgagee can not at the effective time of the mortgage contract has settled, and should be the realization of mortgage debt proportion. Notice when the mortgagor transfer of collateral behavior is mandatory obligations, but also to learn from Japan, Taiwan and other countries and regions into the experience of \3, clear principles in the same collateral chattel mortgage lien and the right quality conflict. \lien but the lien holder the right to increase the value part of the subject matter of priority for repayment in the rendering of services, processing or materials; \bona fide third parties. Chattel Mortgage and pledge right conflict required statutory registration in order to set up the right quality, \registration to the establishment of the mortgagee and the right quality of conflict bona fide pledgee first mortgagee mortgages. The law is a visible hand of the market economy, specifications, and guide, to protect trading activity and competition in order chattel mortgage system we already see clearly the function of the hand. Chattel mortgage system there are many issues worthy of further exploration, such

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