Font Size: a A A

On The System Of Chattel Mortgage Register

Posted on:2008-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:H Z ZhaoFull Text:PDF
GTID:2166360215989514Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The chattel mortgage system is a kind of guarantee system that is widely adopted in all modern countries. Our country passed The Guarantee Law and established it for the our country as a kind of basic guarantee method in the year 1995. The vitality of chattel mortgage system as a kind of guarantee right lies in that the mortgager could own the possessions while mortgaging them.The purpose of the chattel mortgage register is to support the exchange of possession right. The state of the mortgage would be shown to the public in order to protect the interest of the third party in the trade, keeping the goodwill third party from being subjected to the risk of the unpredictable risks. Could the register really attain the lawmaker's purpose? In regards to the habitual trade modes, Laws in many countries approve that movable property right would be transferred not on the register date but on the day that the properties. As a result, differences generate on the modes of making publicity of the chattel exchange and the chattel mortgage because of the register law. Let's propose a question here: what the effects could be produced if the state of chattel mortgage is being shown to the public. Thus the register is against the public principle and can not serve as the protection for the goodwill third party. To make the register come into effect, a special mark must be made on the guaranty, or make the check of register a responsibility of the one who want to buy the chattel. However, it is quite usual for one to buy the chattel and to check the register would not only be troublesome but hinder the trade.If the chattel registered, then the third party would be resisted and visa versa. This has become a fixed pattern of making the possessions law in our country. However, the real aim of the possessions law was ignored. The problem discussed above proposes a question about the rationality of the register law theoretically and practically and challenges the chattel mortgage system itself. Shall we cancel the chattel mortgage system?For this, this thesis, with the chattel mortgage register system as its research object, combing with the comprehensive investigation of domestic and international related lawmaking and in consideration of the demand of our country national economy's development, carries out a thorough study about the theories of the chattel mortgage register system. The author hopes that the discussions would be beneficial to the perfection of the chattel mortgage register system.
Keywords/Search Tags:The chattel mortgage, Movable property, The chattel mortgage register, The register resist, Mortgage power, Real right
PDF Full Text Request
Related items