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Analysis Of Personal Property Mortgage In China

Posted on:2006-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q M WangFull Text:PDF
GTID:2166360182983444Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The tradition that only real property can be the object of mortgage whilethe personal property can only be the object of pledge have been broughtthrough by personal property mortgage, which meet the need of financing.However, the system of personal property mortgage in China is not so perfectand still has a lot of defaults, such as the scope of targeted objects, the meansof public summons, the precedence to be claimed when personal propertymortgage co-exists with other real rights for security.This paper is based on the basic theory of personal property mortgageand composed of four main parts:Part 1 introduces the concept and features of the personal propertymortgage, and indicates some differences on the above details among Chinaand other countries and regions through the survey and research of relativelaws.Part 2 focuses on some aspects of the personal property mortgageestablishment, including the scope of targeted objects, the means of publicsummons, the forces antagonistic to personal property mortgage registration.Part 3 indicates the validity of the personal property mortgage and theprotection to the transferee of the collateral.Part 4 makes an analysis of the precedence to be claimed when thepersonal property mortgage co-exists with the lien and the pledge and reformthe system of acquisition in good faith of personal property mortgage.The paper refers the draft of the real law, the cases concerning thelegislation of personal mortgage in developed countries and judicial practicein China, so as to improve the theory of personal property mortgage.
Keywords/Search Tags:personal property mortgage, means of public summons, registration resistance, effect
PDF Full Text Request
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