| With the rapid development of national economy, small and medium-sized steel-trading industry's financing needs of credits increasing strongly. In order to adapt to the steel-trading financing requirements, since 2008, commercial banks in Shanghai first began to carry out chattel mortgage financing business to the steel-trading enterprises, and subsequently radiating throughout the commercial banks in Jiangsu and Zhejiang provinces and all over the country. But since the beginning of 2012, the steel-trading's systemic risks broke out, the risks of default events continue to emerge, in a continuous line of steel-trading loans malicious arrears, repeated pledge and other irregularities, leading to the surge in steel-trading litigation.This article mainly based on the actual work, study on the steel-trading chattel pledge financing business, chattel mortgage business and the basic characteristics of the business model, and discuss the key problem the effectiveness of chattel mortgage of the steel-trading. Divided into specific matter in different delivery form of the condition, especially in the indication delivery and possession case, consideration should be given to the original intention of legislation of pledge, according to the specific circumstances of the case. In the floating chattel pledge, the existing judicial generally recognized that the pledge is invalid, recommendations can be complemented by the movable floating charge system to be perfected. The real guarantee coincidence competition situation, to explore the effectiveness between pledge and pledge, pledge and mortgage. Recommendations through the establishment of chattel mortgage public information platform, and forced regulators and warehouse full exclusive use, in order to effectively control the legal risks chattel mortgage business of steel-trading, promote the steel-trading enterprises, financial banks and logistics industry back on track, and get orderly developments. |
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