Research On The Appropriateness Of Warranty Of Cession

In some continental law countries, security transfer of real rights originates from doctrines and decided cases; but it exists in the form of custom and special laws. It is hard for people to tell its position in the real rights system, even in the traditional continental law countries.Case of security transfer widespread is due to the reality of economic life needs. security transfer is the reflect of principle of autonomy and trading habits as an atypical security interest. However, the produce of this system have a severe impact on traditional Property Law system. So, whether take it or not dependent on analysis of pros and cons. Otherwise, force to agree with it may destroy Property Law system though it can promote economic development.In this paper, author analysis legal constitution from definition、species and development respect. At the same time, the author compare composition of Ownership and composition of a security interest, obtain a security interest on the conclusion of today’s society is more suitable. And discourse the advantages and disadvantages between two heavy ownership constitutes say and says of compromise.The two different system are of significant interest to China’s construction of the chattel mortgage system. In both Germany and Japan, the chattel mortgage system is so designed as to make the best of its economic function. In Germany, the construction of the chattel mortgage system is restrained by the right balance value as regulated by the legal ownership and thus adjusted, to the greatest degree, to the legal logic and the purpose of stability and legitimacy of law. In Japan, however, the construction of system is focused more on the economic benefit than on the legal legitimacy and thus goes contrary to the purpose of stability of law.On the other hand, the author analysis the relationship between security transfer from Germany and Japan and acquired in good faith system due to security transfer is related to interest of the third person.After studying, the author think security transfer have the property of dependent and inseparable. The real ownership the creditor have is not only a form of claims but also property. After the study of property law and guarantee Law’s development trend and legal significance, the author discussed whether it can be suitable in property law. At last, the author think it is not suitable for security transfer to get in property law. It should be replaced by civil law system and typical case system. At the same time, the author get revelation from real estate registration system and P2 P, and produce registration publicity methods.