On The Institution Of Chattel Mortgage Register

The chattel mortgage institution is widely adopted as a guarantee institution in all modern countries. Guarantee Law of the People's Republic of China was enacted in 1995 (short for Guarantee Law) in various imitative of legislations in Japan and Chinese Taiwan province. This law clearly recognizes chattel mortgage institution and comprehensively clarifies the regulations. Thereafter, the supreme court enacted Interpretation of Various Issues in Applying Guarantee Law of the People's Republic of China (short for Guarantee Law Interpretation) as a basic guarantee approach for our country. The right of chattel mortgage, considered as a right of guarantee, relies on the vitality of not transferring the possession when mortgager is mortgaging the objects. The Guarantee Law has been rectified theoretically and practically since, there still exist many defects and negligence are within the law institution though. Therefore, this thesis comprises significances of theory as well as practice.The purpose of the chattel mortgage register is to expose the mortgage status to the public assuring the exchange of possession right; protect the interest for innocent third party with elimination of the unpredictable risks. However, it is doubtable whether the lawmakers' intention could be met from register operation. In regards to the conventional trade modes, many countries had consented by law that chattel could be transferred on the date of exchange without registration as an evidence for public. Consequently, the differences occur between the chattel exchange and chattel mortgage in terms of the presentation methodology to the public due to the law requirement of exposing the mortgage status to the public from chattel mortgage registration. Under this circumstance, what effects have been generated from exposing the mortgage status to the public? Apparently, it does contradict the intention of registration for public exposure and protection the interest for innocent third party, if the effects failed to take place and entitle the register resistance without success. Thus, either special mark to be applied or force the chattel buyer to carry out the registration check as compulsory procedure can be used to ensure the effectiveness of the registration.The thesis is emphasized on the effectiveness issue of chattel mortgage registration, examining seriously on the feasibility and maneuverability. This thesis utilized large portion of the paragraph to anatomize the effectiveness regulation of the chattel mortgage right; analyzed the characteristic of the unregistered chattel mortgage right and prohibited to against innocent third party under unregistered chattel mortgage right; question on pursue effectiveness for registered chattel mortgage right.This thesis targets the chattel mortgage registration institution as research object with four chapters to discuss basic issues such as historical evolutions, characteristic functions of etc; effectiveness of chattel mortgage registration and improvement of chattel mortgage registration institution. On the basis of investigating on domestic and international relevant legislations holistically, in conjunction with the realistic demands from Chinese economic development, it is anticipated to develop and optimize Chinese chattel mortgage registration institution, beneficially from deeply probing and discussing the theories fields.