The Demarcation Of The Scope Of Chattel Mortgage Subject Matter

The demarcation of the scope of chattel mortgage subject matter has extremely vital significance for the whole of the chattel mortgage system to play its role to promote the economic development. In 1995, our country enacted the Guaranty Law which establishes that the chattel mortgage guarantee can become the subject matter. In 2007, the Property Law also reaffirmed chattel as a pledge of legitimacy. But for the chattel mortgage subject matter demarcation, the legislation of our country have not done well, this is not only related to the chattel mortgage system theory reserves, but also both of economy development and technology development. In reality, the chattel mortgage guarantee is of growing demand, market subjects are desperate to the help through the improvement of the legislation, which would make the chattels included in the scope of guaranty assures, in order to realize the exchange value of content, expand the financing channels. Same for all kinds of financial institutions, they also require the chattel mortgage legal recognition to ensure creditor's rights and safety of all financial markets. In this context, the paper expounds the chattel mortgage subject matter define legislative situation of thorough analysis, combining the chattel mortgage as the subject matter to the historical evolution and various countries of legislation, using historical methods of analysis and comparison analysis, summarizes that the chattel mortgage subject matter scoping legislation should be reference of value factors, economic factors and legal measures factors, then argue that: the basic methods of scoping chattel mortgage subject matter should adopt opposite exclude methods, exclude the unsuitable chattel mortgage, and make various forms of chattel into the scope of chattel mortgage subject matter in a broader scope to adapt to the requirement of economic development.