The Classification And System Value Of The Object Of Security Rights

The abstractness and subjectivity of the right make it rely on the object to realize the form of explicit,but the object of the real right,especially the real rights granted by way of security,is restricted to res corporals,which contradicts with pledging of rights.The essence of security interest is the right to exchange the ownership of the property.The combination of this essence and the stratification theory of the object of right is enough to find out that the real object of security interest is the ownership and other property rights with exchange value.Through the integration theory,the value of inherent system which contains fairness,safety,efficiency and freedom are manifested through the real object,and transfer into the core content of the general norms of the real right law.The corresponding formal object "property" affects the structure of the external system of real right of security.Along with the history,the real right of security has formed the dual structure which contains mortgage and pledge,and excludes title financing.The binary division of "real property" and "personal property" based on the physical characteristics and value characteristics should replace the conversion of possession and become the standard of the division of security right,so as to form the proper structure of real property security and goods security.The specific category and characteristics of real property and goods affect the specific design of the external system of real right of security.For real property,its specific categories centered on land and buildings is listed by law expressly.The features outlined by specific categories of the real property should be the basis of security;furthermore,circulation of real property security should be discovered to boost real estate financing.The category of goods excluded by a negative way is too complex,and should be divided into consumer goods-non consumer goods and inventory-non inventory,which draws lessons from the advanced experience of the uniform commercial code.And the legal norm for this classification should be specialized in attachment,publicity and priority.Taking the intangibles as the object of pledge using the legislation example of chattel pledge is against the system logic.The intangible security should replace the right pledge,which is at the same level with the ownership security in structure.The intangibles can be divided into indispensable records and pure intangibles.The legal norm should concentrate on the similarity of indispensable records and the characteristic of pure intangibles.