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On Chattel Mortgage Publicity

Posted on:2015-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YanFull Text:PDF
GTID:2296330467466274Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There’re two functions for the chattel mortgage system: on the one hand, it can expandfinancing channels of the market entity, on the other hand, it allows the mortgagor to take fulladvantage of the use value and the exchange value of the chattel at the same time so that thechattel could be fully used. The chattel mortgage has been introduced in to the country by theSecurity Law in1995. And the Property Law which has been enacted in2007has made afurther improvement on the chattel mortgage system. Upon issues of the public announcementof the chattel mortgage, however, our current legislation does not properly arrange it, so that itwould cause interests conflict between the of the mortgagee l and the third party. This articleanalysis the mortgage publicity system in our country and puts forward suggestions forimprovement in four parts:Part one: in this part, it introduces the basic knowledge of the chattel mortgage system,generalizes the development history of chattel mortgage, and it emphasizes the function ofchattel mortgage system and the difficulties in application.Part two: in this part, it Analyses the method of chattel mortgage publicity, and mainlydiscusses the registration antagonism. It also clears the effectiveness of the chattel mortgagewhich is registered and unregistered.Part three: in this part, through the analysis of o chattel mortgage publicity in our currentchattel mortgage system, it point out the problems in the system. Such as registrationauthority is not unified, register object is not clear, etc.Part four: in part four, based on the analysis of the supra treatise, through the analysis ofcomparison and reference, as well as the actual status of the current legislation in our country,it puts forward some suggestions for improving the chattel mortgage publicity system in ourcountry.
Keywords/Search Tags:Chattel mortgage, Public announcement, Registration, Improvement
PDF Full Text Request
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