Movable Property To Let And Secured System Of Notification

Chattel transfer guarantee is characterized by the fact that parties aim to achieve the guarantee credit by means of property transference. So far, it has been implemented in case judgments of Germany, Japan, and Taiwan of China due to its incomparable advantages over other typical laws of property guarantee; and plays an important part in daily life. However, it is not embraced by the property law which is newly promulgated by our country, because of its own theoretical defects. Therefore, this paper, combining the method of the historical analytical comparison, the method of economic analysis and the functional research, discusses the basic theoretical problems of chattel transfer guarantee.The discussed chattel transfer guarantee in this paper is clearly referred to only in the narrow sense, that is, the system of the chattel transfer guarantee means that debtor or the third party transfers some properties to creditor in order to guarantee the payment of debts, After debts are liquidated, the properties should be returned to debtor or the third party; if debt is not repaid, creditor is compensated by possessing the properties. Because of its special social function in the economic life, chattel transfer guarantee has been implemented and developed gradually in case judgments of Germany and Japan, and occupies an increasingly important position in the system of guarantee. As a kind of atypical guarantee system, chattel transfer guarantee has some legal characteristics different form the other typical laws of property guarantee; thus it can be easily differentiated form the system of chattel mortgage and ownership reserving.The legal structure of chattel transfer guarantee which is also known as the determinacy of chattel transfer guarantee, refers to its belonging in the system of civil law. Basically, the theories on the legal structure of chattel transfer guarantee can be summarized as the structure of the belonging right, the structure of the guaranteeing right and the nonco- mmittal theory between the tow said ones. Composingly speaking, the structure of the guaranteeing right is the developing trend of the legal structure of chattel transfer guarantee, it should be seen as a kind of laws of property guarantee. Meanwhile, chattel transfer guarantee is to realize the guaranteeing creditor's right by transferring the belonging right. Compared with common guaranteeing systems, it has in itself the conflict between the economic aims and the legal forms, which leads to conflict between chattel transfer guaranteeing right and other tights.In order to prevent the creditor and the third person from suffering beneficial disadvantages and defend the trading safety, we have to design a method of publication suitable for chattel transfer guarantee which is known as a kind of laws of property guarantee. Seeing form the law of all countries, concerning to the methods of publication of chattel transfer guarantee, there are holding switch, meaning contract, sign on paper contract, register on paper contract and register on paper opposing. But all of the above-mentioned methods of publication have some defects with different degree. Weighing gains and losses, the author's opinion is that the method of publication of chattel transfer guarantee should be sign on paper contract and register on paper opposing, and it should adopt the system of"notice register"from the uniform commercial code of the United States. That is, only the guaranteeing notice, instead of the hy- pothecation of chattel transfer guarantee or its duplicate, is needed to register. Thus, this not only avoids the irregularity of exposing the economic condition of the party on the biggest degree, and also econ- omizes the expenses brought by the tedious register process and controls the power of the register organizations.As the register organizations, the best choice may be that an united and established organization to be in charge of the register of chattel transfer guarantee. As science and technology developed quickly, the paper register mode has become out of date, and the popularization of internet and electronic technology makes unified central register system become possible. Take the current circumstance and the cost of re- establishing new register section in consideration, the author's opinion is that the business and industry administration which is not specialized is the most suitable."if not registered, chattel transfer guarantee can not resist the third person", the scope of the third person should be restricted, that is, it doesn't include the debtor's general creditor and the third person must be good intentions. In order to avoid the ownership of right is not clear because the period of register is too long, the register of chattel transfer guarantee must be limited in term of validity. When the deadline arrives, the register becomes invalid, but the parties can lengthen the term of validity before it arrives if they are voluntary, and the number of times is not limited.