On The Effectiveness Of The Transfer Of Movable Property Collateral And Mortgage

This thesis is on the effect of chattel mortgage. It consists of five parts.Part one first introduces the history of chattel mortgage law briefly.Then the author points out that chattel mortgage, as an alien to thetraditional Civil Law, brought some new problems especially when thecollateral is sold.Part two focuses on the post-publication disposition of collateral., andargues that the interest competition between the secured party and thetransferee is attributed to the way of publication of chattel mortgage,which is different from that of other personal property rights.Part three focuses on the pre-publication disposition of collateral, andargues that the secured party is not protected against any creditors andtransferees of the debtor if the collateral is sold before publication.In Part four, the author studies the rules on disposition of collateral inChina, as well as some other related provisions, and gives somesuggestion on perfecting them.Finally, the conclusion part sums up the whole argument andgeneralized the central topic of this thesis.