Chattel Mortgage System

The system of chattel mortgage is an important legal system. The mortgage law of the Republic of China has the definition of mortgage, but hasn't the definition of the chattel mortgage. Our legal scholar summarizes it. I describe the characters of the chattel mortgage: the quality of dependency, impartibility, particular, subrogation of the matter. There are lots of functions of the system of chattel mortgage. It conforms to trend of attaching importance to worth of matters. It adds the channels of financing. And it accords with internationalization of real right. Later, I introduce the law about chattel mortgage of America, Britain, European countries, Japan and Taiwan of our country. Then I get some enlighten about the system of chattel mortgage. One emphases of my paper is the system of public show about chattel mortgage. There are five systems of public show about chattel mortgage. I choose the best one: coming into existence if it is written, having force of rivalry if it is registered. What is the force of chattel mortgage? I explain it in two kinds. One kind is the chattel mortgage that isn't registered. It has quality of real right. It always has the priority to creditor's rights. The chattel mortgage that isn't registered can't confront the third person. Does the third person must have goodwill? My answer is not must. The third person doesn't include the common total creditors. I analyses the force of chattel mortgage that is registered on space, time and public believing. The other emphasis is how to deal with when a chattel mortgage and another real right are being on one same thing together. I analyses it in three kinds: chattel mortgage and lien, chattel mortgage and impawn, one chattel mortgage and another chattel mortgage. The last chapter is about how to constitute our country's system of chattel mortgage. I think we should change our now system of public show about chattel mortgage. And we should adopt of the system of coming into existence if it is written and having force of rivalry if it is registered. We should also confirm the range of the objects of chattel mortgage. We should perfect other aspect of chattel mortgage, such as appoint the uniform registering department, regulating the space force of chattel mortgage and importing the system of scoring on the objects and so on.