On The Security Interest In The Rights Of The Conflict And Its Digestion

When two or more security interests which all have priority in compensation exist the same property simultaneously, additionally, the actual value of the property can not satisfy all creditors' claims, the validity of those security interests will conflict.The conflict of security interests based on the compatibility of security interests, the exclusiveness of security interests and an exclusive way of publicity arising from differences in effectiveness. The basic principles of resolution to the conflict of security interests include measured interest principle, the principle of ownership on only one thing, the principle of public credit, acquired in good faith principle and the principle of public order and good morals.The same kind of conflict of security interests, include the conflict between a mortgage and other mortgage, between a pledge and other pldge, between a lien and other lien. We should insist the repeated-mortgage system, on this basic premise, we should obey the basic require of the register system to adjust the order of the security mortgage, that is, registered has a priority of the unregistered; all registered depend on the register time. For the moveable estate, we should decide the discharge order on the instauration time. For the right pledge right, we should decide the discharge order on the register time. To resolve the conflict of liens, we adopt the standard that the direct-possession has a priority to the indirect possession.In the third part, the article analyzes the priority rules between mortgage and pledge, mortgage and lien, pledge and lien by the principle. In the fourth part, the article defines the chief types of untypical security:transferring guarantee, title retention and priority right. Then, the article studies the priority rules between the transferring guarantee and typical security, title retention and typical security, priority right and typical security.