The Filing System For Non-Transferring Security Over Personal Property: A Comparative Analysis

With the increasing value of real estate, to set the non-transfer of possession of movable type security has become an important means of corporate finance. This approach indirectly promotes the universal use of the market economy development and social prosperity, and become the most prominent feature of modern security system after the rise of industrial society. In the security system of non-transfer possession of personal property, how to conduct a security interest over movable publicity security system directly determines the efficiency of movable property. Following the development of the existing law, "Property Law", "Contract Law" provide for the chattel mortgage, pledge of rights, transferring of possession of retention of title and other non-movable type security system, but the absence of uniform provisions of the filling system of the personal property and rights security led these systems in practice often sidelined. With the acceleration of economic globalization, modern movable property security registration system has been world widely concerned. Countries around the world have their own unique way of setting non-transfer of possession of movable type security and the public system, in which the design of the system is worth studying their advantages and disadvantages.As a result of the traditional public system of civil law property, Germany, Japan and other civil law countries provides for Transfer guaranty and Retained ownership outside the Civil Code. As for the way of the publicity, the German doctrine and the meaning of written doctrine, established in written Japanese-Registration of Confrontation, and maintain dynamic set of transactions to facilitate the safety of its merits and value of options, but the shortcomings of the lack of publicity for the third way make the guarantee system appeared to be inadequate in playing its role in nature-guarantee. Moreover, although the Japanese recognized the chattel mortgage in the special law, it did not have a special filling system making the utilization of the chattel mortgage be not high; Based on this defect of the traditional civil law, Taiwan turned to seek the help of common law, the "Secured Transactions Law" is borrowed from American 60's movable property security legislation system. Personal property security filling system is more detailed, and contributed to the prosperity of Taiwan.American Secured filling system is the advanced legislation of the world. Experienced by the spread of its development into a unified process. In the Pre-code era of United States, the various forms of personal property security makes the filling system chaotic. Uniform Commercial Code recognized the shortcomings of the decentralized registration system, and then established a unified registration system. Its security interests in movable property to the concept of a single premise, covering various forms of movable property in the security system of the pre-code era. The system includes the provision of central registration authority, the notice-filling system, the simple and efficient security declaration, electronic registration system, and the easy registration rules. Its simple, efficient, uniform features make it the world's most advanced filling system and affect other countries and regions.Germany, Japan, personal property security for the public system of choice is not suited to the development of modern chattels, and the comparison with the personal property security of Taiwan and the United States shows the superiority of the notice-filling system, electronic filling system, and the unified filling authority. Modern chattel security reform is surging.At present, there are many problems with China's personal property security filling system:more filling department, low and poor level of electronic publicity; the complexity of filling; the high cost of filling. The movable property security filling system of advanced legislation should be simple, unified and efficient. China should make full use of modern electronic information technology, establish a unified filling system for movable property security and a clear central filling authority, establish the notice filling system, and coordinate the filling of personal property with the registration of the immovable property security and the possession of personal property and other forms publicity. This can improve the efficiency of publicity and build a real modern chattel security registration system.