The Research Of The Real Right Of A Chattel Guarantee Of A Competition Between The Sequence And The Effect

The new《Property Laws of PRC》（called Property Laws below）which published inOct.1st,2007have a specific chapter that define the related legal system to guaranteeproperty, is to cover, amend and abolish the content for guarantee property in oldversion of 《Guarantee Laws of PRC》（called《Guarantee Laws》below）.On the view of legislative technicality, only a few parts in《Property Laws》modifiedthe codes in 《Guarantee Laws》. To some parts in 《Guarantee Laws》that shows theweakness of legislation such as the weakness of position the movable propertysecurity interest in competing, it doesn’t have enough progress.This essay based on《Property Laws》and《Guarantee Laws》, combined with varianceanalysis for the laws of property guarantee in mainland country, research oncis-position of property guarantee, and extends to practical enhancement and solutionabout the Property Guarantee effects. The essay contains5chapters about30thousandwords. The introduction will give you a brief description about current 《Property Laws》and《Guarantee Laws》 and some related judicature explanation of property cis-position.It also makes a deep analyze on the essentiality of Property Guarantee cis-position.Part One theoretical underpinnings of the movable property security interest incompeting. This part discuss moderately about the theoretical underpinnings of themovable property security interest in competing, mainly presentation of define andexplain about the movable property security interest in competing, also analyzing thecharacteristic of the movable property security interest in competing. In the last place,gave an outline of real estate the sequence there of relationship.Part Two Type of the movable property security interest in competing.This part according to the distinction of real right for security types by congener orheterogeneity about the same on the mortgaged property competition, analyze thetypes of the movable property security interest in competing, discussed scramblingeffect problem of real rights granted by way of security under all kinds of co-petitionas well.The congener the movable property security interest in competing is mainly discussabout set up two or more than two kinds of security interest on the same movable.For example, the competing security interests similar overall relationship when thereare more than two mortgage, pledge, lien. As a summarize, set up several types ofsecurity interest with the fame subject matter is not real competing security interests.Truly reflect the competing security interests and the overall importance of therelationship of the practice, should be set up several different types of security intereston the same subject matter.The usual sense of the security interest of the general form has four competing: the competing of mortgage and pledge, the competing of mortgage and lien, thecompeting of pledge and lien, and the competing of priority, mortgage, pledge andlien. this text consider that with the time of set up the security interest as a logicalpoint. Comprehensive consideration of property registration, the subject matter ofpossession, the subject matter of the value of changes in the strength of creditorprotection and ease of disposal of collateral and other point of view. Detailed analysisof different types of competing security interests overall relationship.Part Three try to detail and digression the competing of priority security interest.This part starts from the basic classification of the right of priority, based on thelegislative spirit of the priority，the analysis of the syn-positon of normal priority andspecial priority concurrence comes the first, following the discussion of the betterpotency of three circumstances: priority and hypo theca, priority and mortgage,priority and lien which are set based on the same movable property.Conclusion: Synthesis the shortages of《Property Laws》and《Guarantee Laws》to asecurity interest in overall relations legislation, with the value of security interests inrelation to the premise of fair and equitable implementation of the relativeconvenience, my suggestion is according to Set the priority principle, Occupies thepriority principle, Registration first principle, etc. Under the new legislation on thesecurity interests of the overall relationship between the competing legal systemsrelated to research and development.