Study On The System Of Guarantee For Chattel Transfer

System of guarantee for chattel transfer can date from the period of Roman Law, and it gets broad approval in contemporary Germany, England and America, Japan. Owing to the particularity of object, guarantee for chattel transfer often be confused with chattel mortgage and ownership reservation system. In fact, large difference exists among them. The value of safety and efficiency decides existent reasonability of guarantee for chattel transfer, meanwhile, related systems may clear up the risk of guarantee for chattel transfer system. Two problems about guarantee for chattel transfer often arise. They are legal relationship between parties and confliction between right of guarantee for chattel transfer and other rights. Owing to the legal connotation, the realization of right of guarantee for chattel transfer has certain special. The identity of the person who holds the right of guarantee for chattel transfer has double nature, and the right of guarantee for chattel transfer has free nature. Meanwhile, the establishment and realization of guarantee for chattel transfer needs related system to guarantee.