The Study On Chinese Chattel Mortgage Transfer System

With the development of science and technology,the movable property values more and chattel mortgage has gradually become one of the important ways of financing guarantee of modern society.To set mortgage on movable property do not need to transfer the possession of it,so there exists the possibility that the mortgagor transfer the movable property without authorization.After the transfer of the mortgaged property,on one hand,mortgagor unable to pay off debts because of having spent all of the consideration and the mortgagee cannot guaranteed his creditor's rights;on the other hand,whether acknowledging efficacy of a mortgage or restricting transfer of chattel mortgage,the buyer may lose ownership of movable property.Therefore,the transfer of chattel mortgage involves interests of mortgagee,mortgagor and the buyer.If we cannot resolve the disputes brought by the transfer,the exist of chattel mortgage will be questioned.Can the mortgagor transfer the chattel mortgage during the period of mortgage?For the different national conditions and the effects of history,different lawmakers adopted different legislative modes.They are free transferring modes,notification mode and transferring with the consent of mortgagor mode.Considering the mortgage system designed for ensuring that the mortgagee can take the exchange value of the priority to protect creditor's rights,no matter what kind of legislative mode is,it's to put the interests of the mortgagee in the first place and at the same time do not forget to balance the interests of the mortgagor and the buyer.As for designing Chinese chattel mortgage transfer system,the lawmakers always change their attitudes and laws are different from each other.After enactment of the property law,security law and its judicial interpretation were made some modifications.So chattel mortgage transfer system in our country now is the mode of transferring with with the consent of mortgagor.Still the rules of the property law haves some shortcomings:article 191 said mortgagor shall not transfer the chattel mortgage without the consent of the mortgagee,but what are the legal consequences brought by transfer behavior?When the chattel mortgage isn't registered,the buyer will get the ownership of the movable property.If the interests of the mortgagee cannot be guaranteed,shall we give him special protection?Considering the limitations of current registration system,is the regulation of our country's scope of chattel mortgage set right?For the treachery of the mortgagor,should law punish him to restrain the motive of transferring?To solve all of above questions means a lot to perfect the system of Chinese chattel mortgage transfer.Approve of the mode of transferring with consent of mortgagor,we could specific the legal consequences of transferring chattel mortgage without authorization to improve the system in the framework of the property law.Definite the validity of the transfer contract and the change of ownership;In addition,through studying legislation of other areas to confirm the mortgagee can have the priority right to be compensated by the considerations of transferring chattel mortgage under the condition of chattel mortgage is not been registered.According to the reality,reasonably narrow down the scope of movables property that can be mortgaged.Punish the dishonest mortgagor.Law pursues efficiency and fairness.The construction of a good and complete system,to some extent,can make up the disadvantages of the system about transferring chattel mortgage and balance the interests of all parties.