| This text compose a piece of writing 30,000 over word altogether, to chattel mortgage several important problem analysis and discussion of system.The first part of article, through defining the concept of chattel mortgage, movable property dependency , separability , getting specific , location , order ,etc. characteristic , previous generation of thing , of hypothec, chattel mortgage give full play to by use value of movable property to mortgage, all trades and professions fund circulate to social important meaning and function of economic development smoothly, world main developed countries and regions and overview that chattel mortgage legislate of China's Mainland expound and analyse . Draw real right legal doctrine in chattel mortgage in legislating and and real right legal choice of doctrine,. Legal security and contradiction and choice of flexibility of legal value is it meet chattel mortgage affiliated enlightenment of real right of pledge and our country guarantee legislate to work up to come Produce the founds and definiting of the mortgage.Article second part through various kinds of that hypothec legislate common to show comparison of way and analyse to movable property, expound of our country chattel mortgage legislate common to show choice of way , register doctrine of establishing with is it oppose doctrine coexist to register, and and to respect party will, is it protect interests and trade safe maintenance of third person to help, to important movable property is it is it establish doctrine supplement to register to adopt such as airborne vehicle ,etc. extremely, have safeguarded the social stability biggest. And its kindhearted system already practised by world most countries, choose to register, is it is it is it with public trust , can destroy resignation system itself is it prove embodiment and importance of public trust to come to register to give to want. Our country registers legislation reflecting and definite attitude and necessity of public trust, combine our country concrete regulation and embodiment of public trust legislated to guarantee is it expound chattel mortgage contract agree on time limit and step on to come in terms of legal doctrine of the real right Is it report looks contradiction but invalid choice and anddifference of the period of guarantee to write. Article 43 of " Assurance Law " stipulates : "The party came to apply for mortgage registration, can't oppose the third person . "Define chattel mortgage is it handle the third artificial good will or evil intention that registration can't confront with each other to come, have not limited the third person's range , has not defined either if parties have already applied for chattel mortgage registration, must is it confront with each other third person any to deny , combine concrete conditions is it analyse , think chattel mortgage unregistered third person not opposed should take good will as the principle to go on, but there are exceptions, such as lien people. And range of third person limit, chattel mortgage is it can't confront with each other any third person also to register already.Article the third part is it is it from the thing , but extend to all through movable property hypothec from the thing to extend to to render a service, include movable property hypothec increase from thing after establishing, because it conform with the party's meaning, reduce general creditor repay chance damage interests of mortgagor expound that their should make an exception . And the principal and subordinate thing serves different people and others and does not also extend to from the thing. Subject matter mixture , process thing , conform to thing in one's power ( enclose things), stipulate in accordance with judicial explanation mortgagor is it enclose thing because hypothec of someone need someone have more difficult to realize cooperations altogether altogether to become because of enclosing, is it strengthen hypothec give it auction right wait for wholly promptly to consider. Movable property hypothec is it enclose al... |
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