The Research Of The Real Right Of A Chattel Guarantee’s Sequence

With the development of the society, the liquidity demand is higher and higher,guarantee has gradually become the main way of financing guarantee. Because thechattel guarantees is not only easy to delivery and possession, but also become moreand more valuable, it has become one of the most important way of guarantee. And asthe debtor creditor relationship becomes more complex and diverse, often make twoor more than two security interests exist on one chattel. On the basis of the original"security law" and "security law" judicial interpretation,"property law" the relevantprovisions of real estate guarantee was published in2007, but for solving complexchattel security interest in real life race relations still exist some shortcomings.Because of the typical real estate guarantee is the main force of security right,therefore, this paper based on the typical chattel real rights for security. To illustratethe concurrence of Chattel real rights for security. This paper is divided into threeparts: introduction, main body, conclusion.The introduction part is expounded the writing background, and puts forwardsome deficiencies of the property law modified, such as the logic of paradox inproperty law article188and article199, to illustrate the necessity to research thechattel guarantees property rights.Body part is divided into three chapters: first chapter is about the personalproperty of the sequence of the real rights for security prevue, starting from the concept of competitive-existed of chattel guarantees property rights, to competitionthe concept of coexist, competitive and comparing, to illustrate the sequence betweenthe movable property security interest is because there is two interests on one movableproperty. Analyzed the movable property security interest the basic conditions fromfive aspects.The second chapter is the competitive-existed and sequence between the sametypical chattel guarantees property rights, this chapter analyzed possibility ofcompetitive-existed between chattel mortgage, pledge, lien with themselves.According to the nature of the three rights, competition between chattel mortgagedeposit in accordance with the "property law" the199th regulation, distinguish thechattel mortgage registration or not, the sequence of sorting time registering;competition between pledge follow the principle of "set up the first", competitionbetween lien follows the principle of "possession the first."The third chapter is the competitive-existed and sequence between the differentchattel guarantees property rights, this chapter analyzed possibility ofcompetitive-existed between chattel mortgage and pledge, chattel mortgage and lien,pledge and lien. And illustrate the sequence from time of effectiveness of right, bonafide third party and so on. Among them, the sequence between chattel mortgage andpledge follow79thof "security law"; and the sequence between mortgage and lien, thesequence between pledge and lien follow the "property law"239th regulation. Whenchattel mortgage, pledge, lien exists on one movable property at the same time, thepermutation and combination of three rights can be divided into three groups, eachgroup between the two rights in accordance with the above analysis of the sequence,the group of the two rights after discharge sequence, then sorted between differentgroups, eventually clear the line between the three kinds of rights.Conclusion part makes a general summary, putting forward the author’s opinionsand some main expectations for the future.