Comparative Study On Guarantee For Chattel Transfer Of Japan And China

Credit is the premise of modern social capital circulation,and the establishment and maintainance of commercial credit require the support of guarantee system.With the continuous development of market economy and the growing value of movable property(raw materials,inventory goods,machinery and equipment,etc.),countries all around the world are sparing great efforts to seek a more complete way of Chattel guarantee.The guarantee system of chattel transfer arises at the historic moment.This paper consist of five parts:The first part is about overview of Chattel transfer guarantee.Firstly,the concept of Chattel transfer guarantee is defined,and then its specific legal characteristics are compounded by comparing with relative systems such as the chattel mortgage,datio in solutum precontract,retention of ownership,thus help understand the System of Chattel transfer guarantee.The second part is about the establishment and elimination of Chattel transfer guarantee.The establishment of Chattel transfer guarantee has four elements:subject,that is parties to the establishment contract,secured claims,guaranty objects and the behavior of establishment.The elimination of Chattel transfer guarantee mainly has four reasons:the loss of secured claims,the loss of guaranty chattel,the implement of transferring guarantee and waiving of transferring guarantee right holder.The third part is about the effectiveness of chattel transfer guarantee,unfolding by the chattel transfer guarantee system of Japanese academic field and the legal field as an example.Its effectiveness is divided into two aspects of internal and external validity.To be specific,internal validity is the right and duty relationship between the parties to the contract,including the scope of the secured claims,the scope of the subject matter within the range of its effectiveness,the employment and custody relationship of guaranty chattel and priority of compensation etc..External validity mainly includes the validity of of the chattel guarantee to the creditors and the validity of the party in addition to the creditors and the third party.Trying to expound the internal and external validity of Japan Chattel transfer guarantee system,the thesis at the same time puts forward its own ideas on relevant issues and based on current Chinese laws also presents its suggestions on the processing mode of similar situation injudicial practice of China.The fourth part is about the transfer guarantee of aggregate chattels.The transferring guarantee aggregate chattels,to some extent,has become the mainstream of chattel transferring guarantee system in Japan.Firstly,the concept of the transferring guarantee of aggregate chattels shall be defined,then the thesis will emphasize the differences on the setting and validity between transferring guarantee of aggregate chattels and common chattel transferring guarantee.The fifth part is the conclusion part.Taking cases of China's judicial practice as starting point,the author did the sample statistics of cases concerning transferringguarantee in China's judicial practice,and put forward ideas on whether Chattel transfer guarantee system should be introduced and how to regulate it.