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On The Chattel Mortgage Register System Of China

Posted on:2013-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:S N LiFull Text:PDF
GTID:2246330371970749Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Chattel mortgage system is widely used in modern countries because of its positive role in promoting the flow of money and convenient transactions. In China, chattel mortgage system and chattel mortgage register system were established by the Assurance Law in1995. Chattel mortgage register system plays an important role in realizing the value of the chattel mortgage system, reducing transaction costs of the parties, and maintaining the security of transaction. Although it was further improved by the Property Law in2007, there are still problems in chattel mortgage system through the analysis of current legislation.The recommendations of improving chattel mortgage register system are put forward by analysing the literature, comparing and summarizing different laws.Firstly, this paper introduces the concept of chattel mortgage register system, compares the difference between chattel mortgage and real estate mortgage and the difference between chattel mortgage registration and real estate mortgage registration, analyses the nature of chattel mortgage registration, and summarizes the function of chattel mortgage register system. Secondly, it raises the problems and deficiencies existing in current chattel mortgage register system of China on the basis of analyzing and summarizing the content, institution, and procedures of chattel mortgage registration. Finally, this paper puts forward the suggestion of building a chattel mortgage register system in line with China’s specific conditions by combining the basic theory of chattel mortgage registration with current practice and drawing on the legislative experience of other countries and regions.
Keywords/Search Tags:Chattel Mortgage, Chattel Mortgage Registration, Register Resistance, Registration Organ
PDF Full Text Request
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