| The civil code(draft)published on December 28,2019 provides a good opportunity for China to further improve the chattel mortgage system.The civil code(draft)still exists the problems existing in the mortgage registration in the security law and the property law,as well as the standards for the identification of bona fide third party.The civil code is to be promulgated today,the above problems need to be solved urgently.The article is divided into four parts except the introduction and abstract.The first part is the chattel mortgage system overview,mainly wrote our chattel mortgage system from scratch,the process of change and development.From the general principles of the civil law to the security law to the property law to the draft of the civil code,it also introduces the characteristics of the chattel mortgage system and the value of the chattel mortgage system.The second part is the current situation and existing problems of the chattel mortgage system in China.There are three main problems.The first problem is the conflict between the registration confrontation and the public trust of possession.The second problem is to deal with the process of mortgage registration,the existence of our country mortgaged property scope is too wide,the number of registration organs is too much legislative problems,in practice for mortgage is extremely inconvenient,registration examination standards are not unified,did not form a unified inquiry system.The last problem is that it is difficult to identify the third party in good faith.When the mortgaged property is not registered,the real right changes and the antagonistic effect occur,the legislation,theory and judicature all fail to form a unified standard for the identification of "good faith" and "third party".Outside of the third part is the system of movables outside investigation,respectively for France,Germany,Japan and China Taiwan region legislation of chattel mortgage,focusing on whether these countries(regions) allow the chattel mortgage,mortgage formula,the cognizance of the third person,the United Kingdom and the United States of American and British law research,focuses on the American uniform commercial code "made up of 9 rules,and offer reference to perfect the system of chattel mortgage in our country.The fourth part is the Suggestions of perfecting our country’s system of chattel mortgage,aiming at these problems,the author puts forward our country should establish limited the chattel mortgage system,to establish a unified system of chattel mortgage registration,and introducing the auxiliary of the public,to a third person in good faith that aspect puts forward the scope of the third person should be for the buyer,only good standard should be uninformed and without gross negligence. |
