Research On The Acquisition Of Chattel Mortgage In Good Faith

Chattel mortgage is a new type of guarantee with the development of economy and society,which satisfied both the guarantee of commercial transaction and the usage by owner.The chattel mortgage generated in 1963,which built by consensus of both parties,and the mortgage registration only means rival.Chattle mortgage could be built intentionally by unauthorized person,whom may be keeper or borrower,cause the appearance of possession get trust of others.At this time,we have to use“Bona fide acquisition” to protect pledgee when the benefits contradicted between owner and pledgee.This system,based on the reasonable possession,is a method of original acquisition of embody of principle of appearance publicity under the condition of unauthorized disposal.From The Germanic law which prevents the onwer to the modern time the protection of possessor,the Bona fide acquisition makes a difference in our social life.There are many disputes that whether the chattle mortgage could be acquisited by good faith,because the system damages the benefit of owner,at the core of it is the lackage of appearance of the public.All in all,this problem is hard to settle because no similar example in other countries,we can only took a round-about way to solve the problem just like changing the publicity and management system.I would like to try my best to seek the possible solution of the disputes and practice,under the background of revision of the civil code,by searching and summarizing the literatures and judicial case.This paper divided into three parts,which the first one is to write theoretical basis and disputes,and the second one are focusing on difficulties in practice,the last one intends to put some suggestions from different respects aiming at solving the problem in theory and practice.