On The Conflicts And Legislative Choices Of The Challel Mortage And The Traditional Real Right Law

At present, the chattels become more value. It has become people and the legal entity's very important properties. The reasons of the creation of the option pledge which the debtor has to transfer the possession of his movables, and the movables financing which the debtor has to desert the application, make the establishment of the chattel mortgage system become requirement, but there are so many conflicts between the chattel mortgage and the traditional real right law. The Guaranty Law of the People's Republic of China has generally staten the chattel mortgage system, but it can't accommodate the development of the market economy of China. The Real Right Law of the People's Republic of China on the basis of the Guaranty Law which exist some limitations has made the Chattel mortgage better. Under the discussion of the Chattel Mortgage System, the article submits some projects about how to improve the Chattel Mortgage System.This article consists four parts except the Introduction and the conclusion.Part One mainly introduces the general situation of the Chattel Mortgage System using comparison and analysis methods. By the cognition of the other areas and countries'the Chattel Mortgage System complete our country's the Chattel Mortgage System.Part Two mainly analyzes the conflicts between the Chattel Mortgage System and the traditional Real Right Law including the conflicts between the Chattel Mortgage System and the traditional Real Right Law system, the traditional Public Summons model, Public Credit model, the well-meaner advantage in the movable transaction and the other security interests.Part Three is the key point, trying to find the effective method to settle the conflict between the Chattel Mortgage System and the traditional Real Right Law, including the definite legislation aim about the Chattel Mortgage System, the definite objects of pledge, the integrity of the Public Summons System and the preservation to the well-meaner transferee, and the force order of the Chattel Mortgage rights and the other movable hypothec rights.Part Four mainly introduces the actuality about the Chattel Mortgage System and makes suggestions about how to improve it by analyzing the Guaranty Law and the Real Right Law just pasted .