The Perfection Of Chattel Mortgage Guarantee System

Chattel mortgage is a system in Anglo-American legal system, which arose from Roman. The Chattel Mortgage system has experienced the process which contains establishment,disruption and rejuvenation. The theory of traditional civil law claims that only realties can be used as mortgage and chattels as pledge while disaffirming the mortgage of chattels. With the economic development, the system of mortgage of chattels is put forward in nearly all countries to make full use of the value of goods. The original intention of the chattel mortgage's establishment is to provide the convenience for industry and commerce enterprise's movable property guarantee financing. The chattel mortgage is a different new guarantee way which pawns to the movable property, has its own special characteristic. The chattel mortgage offers more effective protection to both of the creditor's and the debtor's right, which has the positive influence to the social economic development. The attitude of our country, which towards the chattel mortgage,has also changed from negative to positive. On the basis of comparing the legislative practice in other countries, our country complied with the international tendency, when formulated "Guarantee Law", finally introduces the chattel mortgage system. The slightly reveals roughly of the regulations, such as, the chattel mortgage hypothesis, the chattel mortgage sign thing scope, the chattel mortgage formula way, the chattel mortgage struggles for existence the right first the cis-position, the executives of chattel mortgage and so on, all these resulted in the present non-distinction situation in the chattel mortgage of our country. Therefore, there exists the dispute on the abolishment and preservation of this system. The system of the chattel mortgage should be improved in the future. The scope of the chattel mortgage should be defined scientifically so that the system could ensure the guarantee function of chattels, without bringing unreasonable restriction on setting the chattels to the public. The system should enlarge the scope of the chattels and the future gaining, business inventory, accounts receivable should be supposed to as the possession of guarantee. Founding unified register resisting doctrine, we can properly introduce branding or engraving, searching system of chattels in order to improve it. We should unify the register office, standard register items and establish a unified registration system, which realize the informatization of registration, networked management, clarify the space and time effectiveness. In order to realize the effective executives of chattel mortgage, measures should be taken, the priority system should be further clarified, and should perfect the guarantee articles in registration, enlarge the applicability in judicatory summary procedure, strengthen the related criminal legislation, and reduce taxes in judicatory executing procedure. "Reality of laws" has affirmed the chattel mortgage system and has reformed and consummated its content, so, the system could more conform to the practice in our country.