Research On Collateral Of Proprietary Security In Movable Assts

The system of the appointed personal property security in china is divided into three parts:mortgage, pledge of movables and pledge of right. Based on the results, the three parts are then stratified into the definition, security property, creation of the security interests, publicity of the security interests, effect of the security interests, priority of the security interests, realization of the security interests, etc. The segmentation structure and model can easily lead to carelessness or omission; and the stratified inside mechanism can easily induce repetition, inharmony and conflict of the system. The cognition of above is testified by the reality deficiency in Chinese legislation of personal property security interests. The way of how to resolve the problem is to draft a uniform law of the personal property security interests substitute for the nowadays law.By using comparative method, I study the right on superposition of movable assets for security and its priority question. In the article, I’ll put forward some suggestions of practical significance. This article is divided into four parts:the first part is the chattel superposition concept, condition and reason of the real rights for security. And this part mainly discuss on terms and conditions of the chattel superposition of real rights for security and superposition of chattel real rights for security reasons. The second chapter for the types of chattel real rights for security overlay. Through the analysis of Draft Common Frame of Reference, I will summed up possible chattel superposition of real rights for security in real life.The third chapter is the superposition of chattel real rights for security priority rules. On the basis of movable priority rules, the general rules of priority will be established.The fourth part is about personal property of real rights for security in a diverse legislative background and the suggestion for movables assets system, based on the unified chattel real rights for security system and the introduction of a priority rules. It will be concluded to the corresponding measures and the superposition of chattel real rights for security priority rules.