A Comparative Study Of China And Korea Chattel Mortgage System

According to traditional civil law theory, the mortgagee can only be set in the real property above, and a pledge movable property only, but with the economic development, in order to play a chattel mortgage in the mortgage financing on the effectiveness of China and the ROK to legislative and judicial establishment and the development of a form of chattel mortgage system. Through the development and implementation of "Civil Law", "Guarantee Law", "<Guarantee Law> Judicial Interpretation" and were on the provisions of the chattel mortgage system, and in 2007 formulated the "Property Law" before the order of the "Security law" and "<Guarantee Law> Judicial Interpretation" of the integration of the provision further provides that the effectiveness of the chattel mortgage registered against the doctrine, and the introduction of a movable floating charge. South Korea because of its "Civil Law" is not on the provisions of the chattel mortgage, and therefore atypical forms of collateral to solve the case through the courts and the development of chattel mortgage issues in 2010 formulated the "Personal Property Security Law", the introduction of movable property security registration system. And allow the collection of personal property including mobile and security to security can be atypical, including registration, to address the problem of publicity. This paper compares the chattel mortgage system Korea, China and South Korea chattel mortgage system in the analysis, based on the system by comparing the two countries, put forward a sound proposal of the chattel mortgage system.First, in general terms of the chattel mortgage, chattel mortgage of the subject matter in there too broad scope and subject matter provides method for determining fuzzy defects, and chattel mortgage on the set who did not have any restrictions, the provisions of the chattel mortgage to achieve an unreasonable manner, movable the establishment of physical security situation previous generations bit less, does not recognize the chattel mortgagee to recover and force other defects. In order to promote security in the chattel mortgage in the financing of the use of the system should learn from South Korea chattel mortgage, chattel mortgage in the human aspects of the subject matter and setting the necessary restrictions to achieve in the way of chattel mortgage and other aspects of recovery and reasonable force to expand to improve our The general application of the chattel mortgage.Secondly, with regard to the provisions of chattel mortgage registration, mainly in China, "Property Law", "Chattel Mortgage Registration", but compared with the relevant provisions of Korean most of its provisions are not adequate, it should draw on the content of the relevant provisions of South Korea to supplement and perfect. If the registration mode model registration effectiveness to be taken, and as soon as possible to establish a national network of industrial and commercial administration of electronic information chattel mortgage registration system, which should be taken to the composition of people s model. In the way of chattel mortgage registration review, we should in the "Property Law" means the form required on the basis of the review to increase the objection process, the rights of the parties to achieve the full relief purposes. Priority for repayment of the chattel mortgage and pick the inadequate provisions, should learn from South Korea to supplement and perfect the relevant systems and regulations.Finally, China and South Korea movable floating charge current set of security compared with chattel, movable floating charge of the remaining deficiencies in the more:the security settings on the main provisions too broad; the mortgages underlying the lack of the specified range of methods; mortgage failed to reflect the realization of party autonomy; the mortgage has not been able to fully consider the effect of fluctuations in collateral requirements of the mortgage on the management of failed obligations. China and South Korea movable floating charge current set of security compared to real estate for a late start with, it has not yet formed a complete legal system for a better future in the legislation to be applied in the legislation should learn from South Korea and the security chattel mobile collection advanced legislative and judicial experience, improve floating charges of movable property law.