A Study On The Security System Of Chattel Transfer

In recent years,the legal system supporting the speed of social and economic development in China has become increasingly high.Under the reform of the economic system in the new era,the financing needs of small and medium-sized enterprises are also increasing.The financing difficulties faced by SMEs and how to survive under the debt dilemma cannot be solved by typical guarantee methods.Therefore,a new method of guarantee,that is,the transfer of movable property,came into being in economic transactions.Practice has proved that the transfer of movable property guarantees conforms to the current situation of China's economic development,but there are also some legislative deficiencies.Obviously,perfecting the movable property transfer and guarantee system is an inevitable need to adapt to China's economic development.The system not only conforms to the trend of statutory real estate mitigation,but also can play the role of financing funds,saving costs and maximizing the benefits of property.Through the practical cases of the movable property transfer and guarantee system in recent years,we can find that there are some urgent problems to be solved in our movable property transfer and guarantee system: First of all,the publicity method of the movable property transfer guarantee is unknown,and the publicity of the transaction cannot be guaranteed;Secondly,when the setter of movable property transferguarantees sets up the transfer guarantees multiple times,the effectiveness of the two security rights cannot be clear;Thirdly,when the subject matter of the movable property transfer guarantee is claimed by multiple creditors at the same time,there is no provision for the order of realization.Drawing on the experience of German and Japanese movable property concession guarantees to provide useful inspiration for the improvement of our movable property concession guarantee system,the system can be improved from the following aspects: First,according to the different characteristics of movable property,it is recommended that individual movable property transfers and guarantees adopt the method of registration confrontation,and the publicity of collective movable property transfers and guarantees should adopt the method of registration effective.Second,separate provisions are made for the registered movable property transfer guarantee subject and the unregistered movable property transfer guarantee subject.The repeated setting of the unregistered movable property transfer guarantee is effective,while the registered movable property transfer guarantee repeated setting is invalid.Third,on the principle of the realization of the transfer of guarantee of movable property,it is determined that the guarantor has priority over the general creditors.However,when the public relief of the secured right appears in the transfer of the movable property,the public relief shall be insisted on before the guarantee owner.