A Study Of Priority Validity Of Chattels Mortgage

Concerning the priority validity of chattels mortgage, this thesis categorizes it into two types-" the priority validity to the mortgagor" and " the priority validity to the third party".Firstly, the priority validity of chattels mortgage and its value are discussed. Beginning from the birth and development of chattels mortgage system, this part analyzes the nature and meaning of the priority validity of chattels mortgage, and also the influence of registration to the priority validity of chattels mortgage. From these, the general principles of the priority validity of chattels mortgage isconcluded, which lays foundation for further discussion.Secondly, by analyzing the legal relationship of chattels mortgage to the mortgagor, this part thinks that for chattels mortgagors, written agreement should be the general principle for both the source and acquirement of priority validity, and good-intentioned acquirement should be special conditions. Furthermore, the scope, the continuance and the realization means of priority validity are also analyzed.Thirdly, by analyzing the legal relationship between various third parties who may influence the priority validity of chattels mortgage and the mortgager, this part thinks that only in some special conditions can chattels mortgage without registration have priority validity for some ordinary creditors. On the contrary, only in some limited conditions can the priority validity of registered chattels mortgage be affected by the third party.Finally, the conclusion is reached. It is suggested when the legislative body thinks about how to give priority validity to chattels mortgage, the mortgager, the mortgagor and the third party who enjoys the benefits must be given balanced attention. Only by amending and improving the current existing rules, judicial explanation and the related system can the priority validity of chattels mortgage reach a desirable level.