The Competitive-existed Between The Chattel Mortgage And Other Typical Security Interest

With the development of guarantee, more and more chattel mortgage and theother in the form of movable property secured are appearing. They play more andmore important role. The Property Law promulgated in2007has set open provisionson chattel mortgage, and recognized the legal effect of chattel mortgage. However, the"Property Law" and the "Security Law" and the relevant judicial interpretation havevery simple regulations on this issue, which cannot meet the legal practice.In order toimprove the relevant legal system and balance the interests of the parties,this paperuses the comparative research method、logical reasoning method and measure ofinterest method to research the competitive-existed between the chattel mortgage andother typical security interest.The article introduces two parts of chattel mortgage.The first part is an overview of chattel mortgage and briefly introduce the originof the concept of the chattel mortgage、 characteristics and the two ways to obtain thechattel mortgage. It focuses on the registration system of chattel mortgage from thenecessity to the legal effects of chattel mortgage. The writer of this paper answers thescope of bona fide third part which the chattel mortgage without registered against, aswell as the issues of whether the chattel mortgage’s registration is a right or a contract.I also discuss the status and problems of our chattel mortgage.The second part discusses the competitive-existed between the chattel mortgageand other typical security interest. The section consists of three big problems. The first big problem solves the priority between the chattel mortgages, analysis the priorityfrom the registered chattel mortgages、 unregistered chattel mortgages to theregistered and unregistered chattel mortgage.Next the writer sums up thephenomenon of the period among many mortgages which are different.Thissection analyzes the issue whether the subsequent mortgage shall be ascendednaturally if the prior mortgage is eliminated. In my opinion,our country should adoptthe ascending principle for the sequence of mortgages. This section also refers toassignment、alteration and abandon of the chattel mortgage. I do both static anddynamic competition between the chattel mortgage in depth analysis. It may beslightly boring but there are bright spots.The second major problem of the second part discusses the competitive-existedbetween the chattel mortgage and pledge right. The article is analyzing this issues bytwo standards: time which consists of first hypothec and first pledge、and publicityeffect. Chattel mortgage registered has higher legal effect while the unregisteredchattel mortgage without publicity has no priority to the pledge. Lastly, the article alsodiscusses about the competitive-existed between chattel mortgage and lien. This partis not only to consider the set time but also consider the parties’ subjective intent tothink about the priority between them.