The Study Of The Concurrence And Sequence Of The Security Interest For Movable Property

Under the background of economic globalization, China’s market economy is increasingly prosperous. As we all know, laws form part of the superstructure based on the economic foundation. Therefore, guarantee system also develops rapidly with laws. As financial markets flourish, security interests system focusing on real estate in traditional civil laws hasn’t been able to meet the many-sided needs for financing of civil subjects, thus security interest for movable property has infinite potential. However, to encourage transactions and to make the best use of everything, meanwhile, due to the fact that civil law itself has the attribute of private autonomy, numbers of real rights for security existing in the same movable property will be more likely to happen. Therefore, how to properly handle the problem of concurrence and sequence of numerous security interests for movable property can directly influence the party’s legal rights and interests as well as the fairness and justice of the civil laws. As a consequence, it is of great significance for maintaining transaction order to study the concurrence and sequence as well as rules of security interest for movable property. The Property Law implemented in 2007 improves some contents of the Guarantee Law but is inevitably not comprehensive enough. This thesis tries to find out reasonable solutions to the sequence of security interest for movable property in available legal systems through classification methods and case studies, combined with legislative, interpretative and value theory, hoping to benefit the sequence of security interest for movable property. The whole thesis is divided into five parts:The introduction accounts for the background, significance, layout, innovation points and literature review, etc. of the thesis in order to lay a foundation for after discussion.The first chapter illustrates the concept and type of concurrence of security interest for movable property. On one hand, through the concept analysis and title contrast, it points out the object of study and the reason why we call it “concurrence” that many real rights for property exist in the same subject matter, as well as the feature of concurrence of security interest for movable property. On the other hand, it describes types of concurrence of security interest for movable property, which provides a clear orientation for later discussion.The second chapter analyzes the concurrence and sequence of the same security interest for movable property from the cause and legal effect of its concurrence. According to the different registration circumstances among the concurrence of chattel mortgages, the rules for sequence are different as well. Whether the registration system of movable property is comprehensive or not will directly affect the chattel mortgage system’s role to play, thus in the section of concurrence of chattel mortgage, the thesis has a relevant research on the registration of chattel mortgage. This section also focuses on the issues related to repeated mortgage, and points out its rationality. The pledge concurrence can be divided into two types: the concurrence between the original pledge, and the concurrence between the original pledge and the turn pledge. In the relevant section, the thesis concentrates on the issues about repledge with responsibility, discussing the attitude towards repledge with responsibility from the article 217 of Property Law. Scholars have different views on whether it can coexist between lien. Through studies and analysis, the author thinks that indirect possession is also a form of possession, which may cause the concurrence between lien. In the section of the priority right, the author chooses the aircraft priority and maritime priority stipulated in the special law as its discussion point, illustrating the issues about the concurrence of various priority rights.The third chapter discusses the concurrence of different security interest for movable property, the entry point is still the the cause and legal effect of the concurrence. This chapter focuses on the efficacy of security interest for movable property in various situations through analysis of its concurrence in different conditions. Therein, the concurrence of chattel mortgage and pledge is the key object of this chapter, which is elaborated from both theoretical and practical aspect.The conclusion is a brief summary of the paper’s basic spirit and context, which outlines several core contents of this article. Through the relevant discussion of the thesis, the author looks forward to offering some reference value to deal with the concurrence of security interest for movable property, so that it can achieve the goal of balancing every party’s interests, fostering transactions and fairly solving the problem caused by the efficacy and conflicts of security interest for movable property.