Studies On System Choice Of The Chattel Mortgage Transfer

The system of chattel mortgage develops with economic growth and the increasing demands for financing. In the legal relation of chattel mortgage, the interests among mortgagor, mortgagee and the third party vary and conflict mutually, especially in the circumstance of transferring the title to pawn. Thus, the core of system is to balance each other among the utility of pledge, the guarantee of loan and the transaction security. And it should be key that how to stipulate in order to avoiding the conflict and balancing their interests in his first priority. However, the system of transaction provided in the article 191 in the Real Right Law is not only incoherent in form, but also is helpless to realize the counterpoise. The pursuit to meet the rationality of the transfer stipulation continues in spite of the Real Right Law enacting. I shall express my views to how to choose a style of transfer regulation and which one in the essay by analyzing the problems and causes on the present regulation and resolution stipulated therein, centering on the key to balance each other among them.The essay consists of four parts except the foreword and the conclusion.Part one is about the concise history of the system of chattel mortgage and the analysis of interest included. In this part, the key elements that influence the system development of chattel are concluded through the historical perspective of chattel pledge and comparative analysis on the system of various typical countries and regions. Also, this section consists of analysis on the potential interest conflict among them.Part two mainly reviews the pledge transfer regulation. This section consists of the analysis on the legislative evolvement of our regulations of pledge transfer and the defects thereof included in the Real Right Law.Part three focuses on the critique of mode of resolving the interest conflict among them. Because of registration confrontation doctrine, disclosed and undisclosed right of chattel mortgage exist in real. This section also consists of the analysis on the interest conflict above. And it can be found that all the current modes cannot realize the balance of interest among them perfectly in the system of transfer to disclosed right of chattel mortgage and the effect of enhancing the transaction security is rather slenderness because the range of confronting the third party is very limited in the system of undisclosed right of chattel mortgage, for which the fundamental reason is the contradiction between the present disclosure system of title to chattel mortgage and the principle of demonstration of real right instead of the rational of mode choice of transfer to chattel pledge or not.Part four shows the system choice on perfecting our system of chattel mortgage. On the base above, the section mainly consists of the suggestion on perfecting the system of transfer to chattel pledge. In the event of realizing the balance of interest included in the stipulation of the pledge transfer, comparing the present modes, it lies in both perfecting the disclosure system of right of chattel pledge, by limiting the range of chattel pledge and adopting registration validity doctrine and building the system of query and search on registration of chattel mortgage, and choosing double-mode of subrogation on things then subrogation in rem.