Demonstration Of Chattel Mortgage

Chattel mortgage adopts registration as way of demonstration, therefore, there is a conflict because chattel property adopts occupation as way of demonstration. It encounters many difficult problems in theory and practice. The thesis adopts threes research ways came from history, competition, economy in order to analyse way of demonstration and effect of demonstration about chattel mortgage.The thesis divides into four parts:Part one: Status of chattel mortgage in system of chattel guarantee. Chattel guarantee is more important in present guarantee law. Not only mainland law but also English and American law have formed systematical chattel guarantee. In diverse types of chattel guarantee, the development is no-move occupation and keep (move) property. As a right of no-move occupation; chattel mortgage originated in Roma law and German law, but in modern times it was denied. In the present age, it develops again. In our present economy, chattel mortgage has practical significance about guaranteeing creditor's rights and mixing money together.Part two: Establishing and demonstration of chattel mortgage. About establishing, many nations stipulate that chattel mortgage contract should be written. And about chattels range is quite different. Lots of nations stipulate that demonstration is a resisting factor. As far as way of demonstration is concerned, many nations stipulate that registration is a basic way, and brand and carving is auxiliary ways demonstration of chattel mortgage can ensure safety of deal, on the other hand demonstration needs cost. From cost and income we can conclude that establishing mortgage on high-value chattel is reasonable, but establishing on low-value chattel isn't reasonable.Part three: Theorical analysis about demonstration of chattel mortgage. Demonstration of chattel mortgage has relation with property legal principle, property demonstration principle, and distinction principle. Mortgage has different alterationrule with ownership. Ownership is a right that can alternate without demonstration, but mortgage is a right that must have demonstration in order to alternate. Therefore, chattel mortgage can't adopt register-resisting doctrine. There are three kinds of effect of demonstration of chattel mortgage. Firstly, it can create right. Secondly, it can resist other persons. Thirdly, it has public-believing effect.Part four: The defect and correction of demonstration of chattel mortgage in our law. The defect includes that, it, violates distinction principle, it don't limit the scope of chattel, and it's effect isn't reasonable. Our law should adopt unite registration-establishing doctrine and recommend diverse ways of demonstration. Our law should strengthen registration, limit the scope of chattel and complete effect of demonstration, let chattel mortgage has public-believing effect.