The Structure Of Normal Business Vendor Rules In The Civil Code

Normal business vendor rules contains efficiency,fairness,freedom and other concepts,is the development of commercial transactions should be the institutional arrangement.Article 404 of the Civil Code extends the application scope of the normal business vendor rules stipulated in paragraph 2 of Article 198 of the Property Law to all chattel mortgage,which is the inevitable result of the development of system logic and has legitimacy.However,we should also realize that the Civil Code extends the application of the normal operation vender rule to all chattel mortgage,which leaves room for interpretation of the system positioning and normative structure of the normal operation vender rule.Re-examine its system positioning,normal business vendor rules is not only the "civil code" in article 403 of this law and unified chattel mortgage registration against the rules of the exception rule,but also the "civil code" in article 406 of this law shall chase and effect rule of the exception rule.The boundary between article 404 and article 403,article 406 and article 414 of the civil code should be clearly defined,so as to maintain the harmony and unity of the real right system of chattel security.When examining its normative elements,we should accurately define the concepts of "normal business activities" and "reasonable price paid" to balance the interests of the mortgagee and the mortgagor.At the same time,in order to maximize the institutional utility of the normal operation buyer rule,the good will of the buyer should be excluded from the normative elements of the normal operation buyer rule.After examining its expansion and application,the Civil Code absorbs the guarantee concept of functionalism,the non-typical movable property guarantee such as ownership retention transaction and finance lease transaction can also be applied to the normal operation buyer rule,and the super priority effect of price priority can not fight against the normal operation buyer rule.When examining the legal effect of its application,we should consider the legal effect under special circumstances such as the mortgagor’s "two sales of one thing" and the buyer’s resale,besides the general legal effect.