On The Construction Of A Security Interest In System

Nowadays, China is regulating Law of Real Property, which is an important part of Civil Code. Real right for security is a necessary part in Law of Real Property. To make the real right for security clear and its current situation in China, we should have a practicable and trendy law to study and operate the system of real right for security. It will make the system of Civil Code perfect in our country. This paper starts with the basic theories to put forward some advice on the system construction of real right for security.Real Fight for Security means that a right is set above the debtor or the third person's property or right to fulfill the debt When the debt is due, the debtor cannot fulfill his obligation, the warrantor is justified to sell his property according to the law within the time limit and obtain his accept-compensation to guarantee his credit. In general theory, the real right for security has such features as subordination, priority, worth, real security, specialization and etc. With the development of social economy, the system of real security has changed a lot, too. Studying on the traditional and modern real right for security system, we can know that there are three changing trends, that is poly-basis on worth, variety on types and independence on right. Facing with these changes, we have reflection and criticism on the current system. Hence, we found that there exist deficiencies on both system and current. Due to the unclear orientation and lack of system, the regulation is not clear and there appears controversy on which model to be adapted in Civil Code. There also exist deficiencies in the existing real security. The type of warrant is monotony in our country. Many types, which are more mature, are not adapted in the system. The specific rules of warrant have been found imperfect after many years' practice. From above, this paper will give some advice on the system construction of the real right for security from its orientation, purpose and model. We think that this system should be composed of typical real security such as mortgage, pledge and lien as well as non-typical real security such as security of alienation and title retention. We also have a study and analysis on the necessity of security of alienation and title retention in the system of real security in China. Finally, we have tentative study on priority, advance the difference between priority and real right for security and deny the priority appearing in the new system in ChinaThe whole thesis is composed of the introduction and four parts. The first part has carried out brief introduction of real right for security. In this part, we have briefly explained the purpose and significance of the study on real right for security.Second part is the analysis for the historical evolution of real right for security. We find there are three main transform tendency of real right for security and their deep reasons.Third has analyzed the present situation of system of real right for security. Suggestions have been given in such aspects as legislative location, system pattern and entity content.The part of 4th is based on the foundation of previous analyses. TO solve the problems and defects in the system of real right for security in our country, we suggest mat the development of real right for security should include contents as legislative location, legislative purpose, legislative pattern and entity content.