Chattel Mortgage

Mortgage of chattel is a burgeoning means of guarantee which plays a predominant role in the mortgage. Its uniqueness of demonstration had broken the traditional transfer of property; although which had a harmonious system. It seems that rational sparkle could stem from the conflicts between two real property system. The establishment of mortgage of chattel has expanded the rights of use and functions of guarantee in chattels, which meant a great importance for market economy . This paper has a great insight to the demonstration of chattels, to the effect of mortgage , to the convincingness of registration and transfer of mortgage of chattels. As for the demonstration of mortgage of chattels, this paper argues that registration is a good means for the doctrine of confrontation. The establishment of mortgage of chattels does not depend on registration, but on the mutual agreement between parties. By the means of registration, the chattel has a confrontation effect; but there is also an exception. The transfer of chattel takes possession as its demonstration, which has a confrontation effect but for convincingness, the transfer of chattel causes conflicts, the best solution to it is the surrogation of thing. Meanwhile based on protecting security of transaction and safeguarding the right of mortgage, it should be admitted that the system of acquisition of movable property in good faith should be used to mortgage of chattels, which manifests the increasing improvement in that principle.