The Same Property, A Security Interest In The Coexistence Of Cis Research

With the market for secured transactions becoming prosperous, the phenomenon that several security interests which were taken on a collateral at the same time becomes more and more popular.In order to protect the interests of all creditors,it needs to be resolved the issue of the order of precedence on the security interests,to make clear that the order of precedence of every secured creditor.The thesis will analyse this phenomenon that several security interests which were taken on a property at the same time concretely and systematically,and sum up the basic principle how to resolve the problem of the order of precedence of the security interests.And the thesis will also point out the scope of the application of the principle,and moreover,give some advices to resolve this problem farther.Besides the forewords and conclusion,this article are divided into five chapters.In chapterⅠ,I will briefly discuss the basic theory that the order of precedence of the security interests were taken on a property.First of all, by comparative analysis,I will point out that the subject of the analysis of this thesis is the order of precedence of the security interests coexisted which were taken on a property.Secondly,I will point out the characteristics of the phenomenon that security interests were coexisted. Finally,I will explain the essence and the origin of the order of precedence of the security interests.I will point out that from the the effectiveness of real right,we can resolve this problem,it will provide a thought that how to analyze and resolve this problem for the following text.In ChapterⅡ,I will confirm the order of precedence when the same variety of typical security interests were coexisted.It includes the coexistence of mortgages,the coexistence of the pledge and the coexistence of the lien.The coexistence of mortgage concludes two parts: general mortgage and special mortgage.I will discriminate general mortgage from special mortgage.Meanwhile,I will give a special discussion about the reasonableness of repeated collateral,the transfer of pledge,and the order of precedence.In chapterⅢ,I will confirm the order of precedence when the different variety of typic security interests were coexisted.It concludes the coexistence of mortgage and the lien,the coexistence of mortgage and the pledge,the coexistence of pledge and the lien.Particularly,I will describe the preferential condition of the pledge,grope for the reasons and consider whether should we take the goodwill as the important document.In chapterⅣ,I will confirm the order of precedence when the typical security interests and the non-typical security interests were coexisted.This is the feature of my thesis.I will introduce the typical security interests,then discuss the order of precedence at the different conditions.Firstly,I will discuss the order of precedence when the same variety of typic security interests were coexisted.Afterward,analyze the preferential sequence when the transferring guarantee and typical security interests were coexisted;lastly,I will confirm the preferential sequence while the title retention and the non-typical security interest coexisted. In ChapterⅤ,I will summarize and conclude the solutions of the methods to resolve the order of precedence of security interests.And then propose the basic principle and the specific rules that the order of precedence of the security interests should be followed.Namely,the principle of publicity,a priority rule of the direct appropriation,the principle that compared with the original security interests,the transferred security interests has the priority,and the principle that the goodwill third has the priority.At the same time,I will analyze and deduce the composition of the principle of publicity,as well as specific rules and the scope of application from the security interests identified.In conclusion,at the end of the thesis,I conclude an abstract view about the text,and put forward some advice about the determine of the order of precedence on security interests incidentally,so it will be easy to resolve the problem of the order of precedence that the security interests encounters in the practice.