The System Of Chattel Mortgage

The topic of this thesis is, talk about the system of chattel mortgage --Regard relevant regulations of our country " law of real right " as the visual angle. The full text is divided into foreword, text five seals, conclusions, amount to more than 50,000 words.The foreword of the thesis has mainly explained the meaning of theory and practice of this topic. From " Assurance Law " of 1995 to " Law of Real Right " of 2007 in our country , regarding the regulation of the system of chattel mortgage is stressed progress, about chattel mortgage theoretical research make loud progress too. However, this system still needs further clear problem existing in theory. So, the eye of subject under discussion has theory meaning and practice meaning.Chapter one of the thesis has explained the concept of the system of chattel mortgage and historical gradual progress course in terms of sociology and law science mainly.Can know, the system of chattel mortgage was developed by the traditional real estate mortgage system after history of studying system of chattel mortgage, it is the objective requirement for economic development.Thesis chapter two analyze Britain, U.S.A., Japan, France, Germany relevant systems of country in terms of comparative law. And has drawn some conclusions on the basis of comparative analysis, has advanced the systematization of the system theory of chattel mortgage to a certain extent.Thesis chapter three analyze chattel mortgage establish course some questions that appear. Especially, the chattel mortgage contract violates the consequence of the written form. The range of the subject matter of chattel mortgage could be all movable property. The subject matter of chattel mortgage could be the property obtained in the future. Adopt and register the rationality which opposes the doctrine by announcement way of chattel mortgage.Have analyzed the effect question of the system of chattel mortgage in chapter four of thesis. Property question of unregistered chattel mortgage of key analysis. Unregistered chattel mortgage can't oppose third party acting in good faith's question. Chasing and rendering a service and proposing doubting to chattel mortgage that is registered.Have analyzed the system of chattel mortgage of our country in chapter five of thesis. Have put forward the concrete suggestion of improving the system of chattel mortgage of our country. It is helpful to hope to the further completion of the hypothec theory of movable property of our country.