Studies On Chattel Mortgage

The development of modern economy quickly, enterprise financing demand is more and more big, the limited real estate has been unable to meet the various forms of financing guarantee form, chattel pledge because of the need to transfer possession of the chattel, the influence of the use of real property and do not adapt to also can not meet the actual needs of the society. Set in the mortgage on real estate, that can play the role of dynamic guarantee property and does not affect the use of real property value, so the realistic social needs of the chattel mortgage system, will be able to exist and develop. Now the world has been generally adopted the system of chattel mortgage in our country, it has also become an important way of guarantee. Chattel mortgage meets the development trend of the property by the home to use, to establish the reasonable and complete the system of chattel mortgage, is a booster for the development of social economy, standardizing and perfecting the system of chattel mortgage provides a code of conduct for people in market economy activity, the market economy can also play a certain guidance function. The system of chattel mortgage of chattel can give full play to the use value and exchange value, has an important significance in today’s society economic development. The chattel mortgage system has broken through the traditional real right law, and the original will certainly many contradictions and conflicts, and the system of chattel mortgage as a new guarantee system, the process of its development and perfection, this process is through the practice research to gradually realize, this is the cause of writing this paper. The basic concept, historical evolution, the movable property mortgage national research status, existing problems and improving China’s move suggested property mortgage and other aspects gradually carried out research and discussion, to improve on our chattel mortgage system as their own meager strength.Besides the introduction and conclusion, includes four parts. The first part mainly introduces the concept and characteristics of real estate, real estate mortgage and our chattel mortgage system against the development course, the purpose of pointing out the chattel mortgage system, the important status and research in the social life of the chattel mortgage system of meaning. The second part mainly introduces the foreign and China’s Taiwan region of the chattel mortgage system, through the summary and analysis of other countries and regions of the chattel mortgage system, compare the advantages and disadvantages of choose of our country can learn from, and provide methods and ideas can be selected for the perfection of chattel mortgage system of our country. The third part mainly elaborated the present situation of our chattel mortgage system and the existing problems, although China has a lot of legislation in the chattel mortgage system, has initially formed a legal system of dynamic property mortgage, but also obviously exist in our present legislation problem, through the analysis of the chattel mortgage, to find the reasons of the problems found in the from, to lay the foundation for the suggestion to perfect the next step. The fourth part is mainly from the limited scope of chattel mortgage, the establishment of the registration system of real estate mortgage and diversified publicity system and introducing the system of criminal liability of malicious behavior of people put forward suggestions of the complete.