The Scope Of Real Estate Collateral

The chattel mortgage system has prevailed in the ancient Rome era temporarily, demonstrating its value and superiority. But in company with its widely used, terms of its own publicity increasingly exposed a fatal flaw, and some countries abandoned it based on avoiding transactional susceptibility gradually. However, with the development of modern business and the strong appeal of social needs, the old guarantee system will usher in its recovery.This paper tries to start with the actual demand of modern society that makes the mainstream high-value estate into the guarantee area, the two trends of the guarantee type, and then analyses the value of real estate as collateral. By using historical method, comparative method, value analysis and economic analysis, it attempts to through the scope of real estate as collateral to research on comparative law, reveals the defects of the relevant legislation about chattel mortgage, and puts forward a sound proposal, to make reasonable limits to the scope of real estate collateral. Innovations are the dialectical analysis on the scope of real estate collateral and the security interest set on itself and secondary evidence from the side that the publicity system about chattel mortgage is necessary to limit the scope of real estate collateral, not allow it to develop out of control. Specifically, the article is divided into four parts in addition to introduction:The first part outlines the source and flow of real estate as collateral. It describes the history of development process of real estate as collateral, the carrying forward and abandonment to the chattel mortgage system in national laws, the attitude on the chattel mortgage system in China's legislation, and the different evaluation on the institution of our scholars.The second part analyses the value of the real estate as collateral. From the view of economic, the trend of value of Real Right, the trend of the type of guarantee, and the view from practice, it analyzes the necessity about real estate as collateral.The third part discusses the difficulties in publicity of chattel mortgage, and the methods to reinforce it. It reveals inherent weaknesses of the chattel mortgage compared with the traditional mortgage, and makes a conclusion that the real estate as collateral determines the special publicity system of the chattel mortgage, proposes several reinforce methods, prepares for the next part's discussion that the chattel mortgage publicity system requires to limit the scope of real estate collateral.The fourth part focuses on the scope of real estate collateral. At first, it uses comparative law to investigate the scope of real estate collateral, and then observes positive list, terms of all the details and the exclusion on the scope of real estate collateral in China's current laws, puts forward the drawbacks of the legislation, and wants to limit the scope of real estate collateral reasonably considering Transaction Costs, Transaction Security, Legislative Costs and so on. It further proposes factors of real estate and the frustration on the publication method also require limiting the scope of real estate collateral. At last, it makes a brief analysis on the two special real estates, things in the future and the real estate of the state-owned enterprises, to determine if they could be real estate collateral.