Research On The System Of Chattel Mortgage Registration

In civil law countries,subject to the principle of legality of real right,mortgage is usually only applicable to real estate,so the function of chattel mortgage system has not been fully developed for a long time.With the rapid development of economy and the increasing demand for funds in the market,the traditional real estate mortgage system and chattel pledge system can not meet the needs of property owners for funds.Under this background,chattel mortgage system emerged as the times require and is widely applied in economic activities.However,due to the strong liquidity of chattels,there is a conflict between the chattel mortgage system and the publicity system of chattel possession.In view of this conflict,we need to use the chattel mortgage system to resolve it,which also highlights the importance of the chattel mortgage system research.In addition,the promulgation of the General Principles of Civil Law and the revision of security in the compilation of the real right chapter of the Civil Code contain the relevant provisions on security rights,including pledge of movable property,which highlights the necessity of studying the mortgage of movable property and its registration system.This paper is divided into three chapters:In the first chapter of this paper,we mainly explain what chattel mortgage is in theory.From the main concepts of chattel mortgage registration and its related properties and characteristics,starting from the direction of law and economics,we can better explain and analyze it,and compares the two effectiveness of chattel mortgage system.Finally,the value function of chattel mortgage registration system is analyzed from different angles.It can also provide a better overview of the movable property mortgage from a theoretical point of view and provide a theoretical basis for the construction of the system.Chapter 2 summarizes the current situation of the establishment of chattel mortgage registration authority in China with the newly revised "Measures for the Registration of Chattel Mortgage".It also analyses some problems existing in Chattel Mortgage in China,such as the inconsistency of the current chattel mortgage registration system,the complexity of the registration content,and the censorship system of the registration department.There are five aspects to be improved,lack of registration jurisdiction to assume responsibility,and imperfect electronic registration system.Chapter 3,on the basis of the development trend of the international legislation of this system,the shortcomings and problems of the current system in China,combines with the relevant contents of the latest real right compilation(draft)of the Civil Code,from the construction of the electronic registration system of party property mortgage,the establishment of a unified registration system,the simplification of the registration items of chattel property mortgage,and the improvement of the registration review of chattel mortgage To perfect the compensation mechanism for registration errors of registration organs,this paper puts forward some opinions on perfecting the registration system of chattel mortgage in China.