A Study On The Legal Problem Of The Chattel Mortgage System

The guarantee is an indispensable content of economy life in modern society, it has the functions of safeguarding creditor's rights to pay off, reducing the transaction risks and limiting the unexpected trends. The chattel mortgage system has great significance in improving product development and fund and commodities currency by using the exchange value of movable properties to guarantee the creditor's rights for pay off without affects the profit premise of the movable properties. Our country's Guarantee Law explicit chattel mortgage system, as has been constrained by the conditions of economy development and the legal theory research degree, these such as did not inform then transferred to invalid, provides the corresponding guarantee system, gives first pays off or the drawing system have not been able to balance the benefit relationships between the righter and the third part, and did not favor the maintenance of transaction securities, furthermore, the existing public show system often cannot display the functions which the system should have. In December 2002 civil law code draft, which has been submitted to the Standing Committee of the National People's Congress, continues the above systems. Thus with the utilization of comparison and real analysis method, the thesis not only gives the theory explanation, but also carries on the comparison models, in order to seek the way and the methods to consummate our country's chattel mortgage system.The thesis is composed of four major parts. The first part: analyzes the concept and the characteristics of the chattel mortgage system, then its status in the civil law real right system. The author briefly introduced the existence condition of the chattel mortgage system in the world in the second part. The third part: several flaws of our country's guarantee system. The fourth part includes some proposals on the consummation of chattel mortgage system.Based on the comparative analysis about mortgage system existence conditions in other countries and areas and the disclosure of flaws on our...