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The Perfection Of Chinese Chattel Mortgage

Posted on:2009-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ZhaoFull Text:PDF
GTID:2166360242987552Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Chattel mortgage is a system which arose from Rome ,Due to its shortage ofproper means of demonstration,the traditional civil code did not accept it .Withthe development of the modern economy ,the number and the kind ofpersonal property is become more and more ,the demand of the enterprisewhich make use of its personal property to guarantee become more and moreurgent . Now ,this system radiate new sunshine ,it has been accepted inseveral countries in different forms .Guarantee law of people's republic of chinaenacted in 1995 stipulated this system ,From then on ,both the interpretationof various issues in applying guarantee law of the people's republic of china in2000 and the property law enacted in 2007 further improved this system, butthe regulation still has many drawbacks. such as the demonstration of the chattelmortgage ,the transference of mortgaged properties,the conflicts of multiplerights. .These drawbacks need further be improved. This thesis consists of foursections besides the preface and the conclusion.The first section introduces the fundamental theory of the chattelmortgage .After introducing the basic concept and the value of this system ,Iintroduce the difference of this system between other countries and china ,then,I analyze the character of the system in china .At Last ,I summarizethe elements of good chattel mortgage , At the same time ,I point outthree drawbacks of Chinese chattel mortgage. The second section concerns with the registration of chattel mortgage ,Now ,the difficult problems of registration is as follows: lack of good way ofdemonstration and the punished rules ,the registration is unfixable , therules that how to probe is not coherent , whether acknowledge bona fideacquisition in chattel mortgage . After analyzing these problems, I give somesuggestion to improve it .The third section talks about the system of transference of mortgagedproperties,now this system in china does not balance the benefits of threeparties (included the transfer, the transferee, and the third party ), atthe same time ,it does not fit the concept that the property should be madefull use of . After analyzing this , I give some suggestion to perfect thissystem .The fourth section focus on the rules to settle the conflicts among multiplerights .such as the lien and the chattel mortgage and chattel lien of the sameguarantee. I suggested that after judging that the lien creditor has afirst priority to be paid on the added value of the object also suggest that thechattel lien has a first priority compare the chattel mortgage which is not registered.when the chattel lien has conflict with chattel mortgage which has been registered ,which partyhas the preference depends on the sequence of the two .
Keywords/Search Tags:chattel mortgage, register, the transference of mortgaged properties, conflicts of multiple rights
PDF Full Text Request
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