A Study On The Order Of Mortgage Settlement Of Chattel In Civil Code

As an absolute right,the essential attribute of real right determines that when there are two or more real rights on the same movable property,the priority of repayment will inevitably occur between the rights,and then the priority of repayment will appear.The real right of the current civil code of the People’s Republic of China(hereinafter referred to as "Civil Code")has made corresponding amendments and improvements to this issue.The mortgage system of movable property is one of the systems that have changed greatly in the compilation of real rights in the civil code.In order to better clarify the system of chattel mortgage and provide a theoretical basis for improving the system of chattel mortgage,this paper discusses and studies the rules of repayment order between chattel mortgage and other rights,and analyzes the necessity and applicable conditions of the new articles related to the repayment order of chattel mortgage in the civil code.It is the logical premise to clarify this topic to expound the theoretical basis of the repayment order of chattel mortgage.Based on the important role of the publicity of chattel mortgage in the settlement order of chattel mortgage,this paper discusses the meaning of registration confrontation.This paper discusses the development of foreign chattel mortgage;analyzes the order rules of foreign chattel mortgage and pledge,including the registration system of chattel mortgage and the priority rules based on the concept of equality of property right publicity;This paper discusses the rules of the order of settlement of mortgage and lien on foreign movables,including the legislative purpose of establishing lien and the rules of absolute priority of lien in UCC.The comparative study on the order of repayment of chattel mortgage abroad has reference value for improving the order of repayment of chattel mortgage in China.Then,it discusses the order of payment when chattel mortgage and other security interests compete,and the order of payment between chattel mortgage and rights based on ownership,that is,the order of payment when chattel mortgage and ownership retention,lease rights compete,and two new rules of Civil Code: buyer rule in normal business activities,mortgage of price claims The super priority rule of right.The paper focuses on the legitimacy,application conditions and priority of new rules when competing.On the basis of discussing the above problems,combined with foreign experience and national conditions,this paper puts forward some suggestions to improve the relevant system of the sequence rules of chattel mortgage repayment:improving the chattel mortgage registration system,including establishing a unified chattel mortgage registration department,adopting the declaration registration system,building a complete chattel mortgage registration query system;establishing the identification rules of mortgage price,and improving the system of chattel mortgage registration This paper discusses its meaning,necessity and the main content of the constituent elements,clearly stipulates the system of assignment guarantee in the civil code,analyzes the necessity and feasibility of its establishment,and determines the responsibility of the direct possessor,clarifies the realization mode of assignment guarantee,and standardizes the system of assignment guarantee.