A Study On Conflicts Of Prior Force Of Real Rights For Security

Real rights for security can be divided into one in broad sense and another in narrow sense. The real rights for security in narrow sense is assured by our country, including rights of mortgage, pledge and lien, which are also called typical real rights for security. Besides typical one, real rights for security in a broad sense own priority and nonstandard real rights such as warranty of Alienation and Title retention. Because real right for security is a kind of value right, it can only control the value in certain number on some property, and has certain compatibility on establishment, more than one real right for security that may be compatible on the same property. With the functions of inherent exclusiveness and outside force of real rights for security, they will conflict each other. I have probed into the conflicts of force among the typical real rights for security, the conflicts between the priority and typical right for security, conflicts between typical and nonstandard ones. The behaviors of conflicts can be divided into different types according to different standards. It can be divided into conflicts on real estates and on movables in accordance with the subject matter, conflicts of registration, conflicts of possession, conflicts between registration and possession. It can also be divided into positive conflicts and passive conflicts in accordance with its repelling function result, divided in the inside conflicts and outside conflicts among rights for security in accordance with the types. Behaving through the numerous and complicated conflicts, we can proceed with announcement methods of the real rights for security, render a service to regard as the key and make settlement rules by outside-announcement. The conflicts on un-movables are subject to order registered, the conflicts on movables subject to public trust of possession, will also present the conflicts between the strength of public trust on possession and registration on the movables. While presenting positive value to fight for, movables andun-movables will all present the passive conflict, it is unable to distinguish each other's prior order, and get same order-paying without exception. Meanwhile, the debtor's right can't oppose the creditor's right, so it is essential and important to distinguish the position among the legal relationships of concurrence. Having probed into the conditions, reasons and behaviors that the real rights for security coexists directionally from various visual angles, we can make the rational settlement-rules, contribute to protecting the trade party's right, safeguard the trade to be safe, and prosper the socialist markets.