Chattel Mortgage System

Our state has established the system of chattel mortgage in order to promote the economic development since 1995 when the Mortgage Law is enacted. Although the system has promoted the econmic development and,which is bringing into play the utilities of the res. It has some negative effect obviously, which gives a bad influence to the traditonal publication ways and publication effect of real right. It endangers the logicality ,the coherence and the strictness of the system of real right. The Mortgage Law introduced registration as the way of publication which is used in realty usually like other states' stipulations. Then this publication way will make a confliction with the traditional publication way such as occupation, which leads to the conflict of the related laws. Both the Mortgage Law and the Real Right Law try to solve this problem, but neither succeeds. With the economic development, the system of chattel mortgage plays a more and more important role in financing. But its defect counteract realization of its function. This article analyses the stipulation of our laws such as the Mortgage Law and the Real Right Law by using the historical research method and comparative research method, which points out the defect of publication way in the system of chattel mortgage's registration which cann't appear in the chattel exterior. After comparing the different measures to solve the problem, this article brings forward some effective measures to solve the difficulty of chattel mortgage publication based on the situation of our country.Except introduction and conclusion parts, this article can be divided into four chapters. Chapter one, it mainly introduce the concept and the character of the chattel mortgage, briefly expatiating the history of the system and the general situation in our state,analyzing the social value and the applying difficulty of the system,which is theory foundation in study publication way of the chattel mortgage.Chapter two,we think the best way is registration giving effect after comparing the five different ways of publication,and makes comment to our state' stipulation,and discuss the effectiveness in different situations.Chapter three, this part mainly analyzes the problem in the publication of chattel mortgage, which is the conflict between two publication ways lead by the registration which cann't appear on the chattel exterior. If the law cann't correspond the conflication between the two publication ways, it will make a conflict between the correlative people, affected dealing safety at last.Chapter four, in this part we bring forward some reasonable measures such as publication under the registration through occupation and stipulating legal informing duty to the pledor after comparing the different measures in solving the conflict between two publication ways.