Study On The Effective Sequence Of The Co-existing Security Interests

The reputation is the essential means to support the market and develop the market economy. The credit & debit relation to be taken as the most basic law of market economy is the real embodiment in law for reputation awarding and acceptance. Therefore, only the credit can be satisfyingly realized, then the normal market order could get well maintained, and the normal development of economy could be promoted...How to guarantee the realization of credit, there are many legal systems in the modern civil law. For example, the contract breaking responsibility, the debt intactness keeping, the credit guarantee, the compulsory execution, the bankruptcy procedure etc.. These systems provided a beneficial safeguard from all aspects for credit to be realized in the satisfying way.At present, our country is devoting to establish the Law of Security Interest. In consideration that the security interest is one of the most importance composing parts, how to determine the effective sequence and order when the security interest under the situation of co-existing, is becoming into a point of important realistic meaning in the market trading with judicial practice.Based upon this intention, this article takes the Security Interest System as the researching topic, and hoping that, by this research, a principle could be found out, so the determining process on the effective sequence of the security interest could be guided in a quick and simply way under the co-existing situation.Security Interest is the researching object in this article. An overall and detailed study is carried on the three typical kinds of security interest according to the Law of Security Interest of our country.The first question being studied and settled is about the right property of the security interest, which will be taken as the foundation to determine the effective sequence of the security interests under the co-existing situation.Then to work out the determining principle for the effective sequence by further study and analysis on the foliowings: 1\ the establishment condition and term for the security interest2\ the typical kinds of the security interest3\ the co-existing and conversion between the security interests of the same kinds, or that of the difference kinds(Also including the co-existing and conversion between the mortgage power order, reportage, movable property pledge right.)4\the co-existing between the pledge rights,5\the co-existing between the lien rights6\the co-existing forms of the security interests, for example, mortgaged thing be pawned, pawned thing be mortgaged, mortgaged thing be detained, pawned thing be mortgaged, pawned thing be detained, detained thing be pawned etc.Based on the above study, the concept of the Fundamental Right for Security Interest's Establishment will be summarized out, and with this concept, the security interests could be divided as following,1\the co-existing of the legal security interests which are not established by Law of Security Interest.2\the co-existing between the legal security interest which are not established by Law of Security Interest, and the security interests which are established by Law of Security Interest.Then the following principle was gotten,1\When the co-existing is between the legal security interests who are established by Law of Security Interest, the principle that the legal and early set security interest enjoys the initiative, should be taken.2\ When the co-existing is between the legal security interests which are not established by Law of Security Interest, and the legal security interests which are established by Law of Security Interest, the principle that the security interest been set later enjoys the initiative, should be taken.Supported by the analysis on the co-existing situation of the above three typical kinds of security interest, the article also makes the necessary analysis for the principle on how to determine the effective sequence of the other situations: 1\ the co-existing between the security interests and the other initiative rights which are both legal and enjoy the same initiative as the security interest.2\ the co-existing between the security interests and the civil case compulsive measures which are carried by the Court of the People, for example, confiscation and seal, detain etc.