Research On Collateral Real Right For Security And The Priority Of Security Interest

The rapid development of market economy, which greatly stimulated the growth in demand for financing, but also makes the modern security system flourished.The superposition of a security interest,usually due to the debtor’s creditors artificially different set of the same kind or different kinds of security interest arising.Superposition of each security interest created after repayment priority problem, priority security interest particularly important to study the problem, only by the identified priority security interest, can guarantee the clear trading rules, available letter, and also guarantee our better maintain social and economic order.American "Uniform Commercial Code " has become the leader in the modern security system by the transaction typed functional approach and harmonization of secured transactions and. Comprehensive comparison of the actual situation of our country, for its unified model, we should be learning, learn, adopt, so as to formulate suitable for our secured transactions regime to determine the appropriate priority rules to adapt to China’s market economy and commodity circulation requirements.The author used the comparative study method, the superposition of a security interest and prioritize issues related to research, and few have the practical significance of the proposal. This paper will discuss by the following four aspects:the first is about the oretical overview of the superposition of the real rights for security. This is the point of origin, priority issues of the security interest arising after overlay and conflicts.Second is about the basic law of the priority of security interest established by.The third, is about priority of security interest by foreign legislation. Mainly about the Ninth part of the Uniform Commercial Code in the United States, and the floating charge system of United Kingdom. The forth are about Chinese existing laws under the system of regulation of the priority of the security interest. I will make a deep resolve to this system in China. Part five is about the solution of the problems we have. Points out the shortcomings in the existing system, drawing on the United States and the United Kingdom great legislative idea,then put forward specific initiatives to perfect our secured transactions regime.