On The Transfer Of Movable Property Collateral

Whether the earlier mortgage right or the innocent transferee's proprietary right to the pledges should be prior is a dilemma, arising from the unsettled problem of the mortgage right's publication when the mortgage system was brought into the field of movables, in the case of malicious mortgagor, with the mortgagee uninformed, transferring the mortgaged movables to an innocent transferee, when the secured claims are not cleared off at the expiration. Beginning from the history of the development of mortgage system, this paper introduces the historical necessity of the mortgage in personal property filed and a series of matters related. By the means of contrast of the legislations of other nations and analysis of the construction of the existing system, the author states that the best way to settle the problem is as follows: the movables mortgage should be constrained to certain personal properties and the system of registration and publication should be brought into this field.The full text altogether divides five parts:The first part "the chattel mortgage system historical evolution" through to the chattel mortgage in the modern law and the modem law different destiny introduction, has made the careful analysis to the chattel mortgage system value and the malpractice, its most important value lay in caters to the industry and commerce enterprise both to have to use movable property the and so on its machine equipment use value, and had by its exchange value to take the financing guarantee the realistic demand, to active financial, the promotion economy development as well as the realization, "the goods flowed smoothly" the modern economical idea to have the great significance. Its malpractice extremely is also obvious, this system establishment seriously endangered to the original real right system and the system logic, the uniformity and hermeticness, most essential was it has caused the mortgage reliable maintenance and between the transaction security safeguard fierce contradictory conflict.The second part "mortgaged properties the transfer vertical legal regulation" briefly introduced country and so on Germany, France, Japan about mortgaged properties the transfer vertical legal regulation, draws the conclusion through the analysis comparison: In the mainland legal system, take overtook the potency to occupy the mainstream status as the leading mortgaged properties transfer system,...