| Chattel mortgage transfer refers to the complex problems in the relationship of chattel mortgage. Owing to lacking in better notifying ways, the serious conflict will be raised between the mortgagee and the third party in the transferring process, which will influence the safe of exchange. The system of chattel mortgage guarantee has been made in China, but there are still some problems existing in the transfer of chattel mortgage collateral, which brings out the conflict among litigants, and then the function of chattel mortgage will be blocked.Further improving the system of chattel mortgage collateral transfer, protecting the interests of litigants, and making the collateral useful to the fullest, are the purpose of research on China’s Chattel mortgage system. Based on the point to balance the interests among mortgagee, mortgager and the third party, firstly making comparison about legislative models on transfer of chattel mortgage collateral among main foreign countries, the advantages and disadvantages for each model will be analyzed; this paper points out the existing problem and suitability through case study and analyzing the legal regulations about transfer of chattel mortgage collateral in China, and then some suggestions will be given.According to the value alternative, two basis problems should be considered, one is how to balance the interests among mortgagee, mortgager and the third party, thus means that taking the mortgager into account can not damage the interest of mortgagee and the third party. The other one is to make the collateral useful, and connect the value and price effectively. To choose two models of law, those are transfer freely and recourse. Besides improving some system, notifying ways should be established; subrogation and validity of chattel mortgage collateral transfer should be enforced. Besides protecting the litigants, the emerging warranty and mortgage obligations should be included in the system of chattel mortgage collateral transfer. |
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