The Application Of The Rules Of The Purchase Money Security Interest And The Resolution Of Conflicts

Article 416 of the Civil Code has created a new mortgage system for acquisitions,which has important theoretical and practical value.However,the Code only provides for this complex system in this single provision,which is too abstract and will inevitably face many problems in the application of rules,especially in the conflict of rights.This paper aims to focus on the conflict of rights that may be involved in the application process,and put forward a solution through argumentation.The first chapter of this paper is about the definition of the basic understanding and related important concepts before the application of the acquisition mortgage.Firstly,the system effect after the establishment of the acquisition mortgage is analyzed.Based on the legislative concept of functionalism,the 416 system is not only limited to the provisions of the acquisition mortgage,but also allowed to be used for the retention of title,financial lease and other substantive security contracts,so this article also has research value for the latter.Acquisition mortgage right attribute can be understood as a transfer of ownership,its original motivation is to fight against the "position monopoly" in the first floating mortgage,coupled with the legal effect of all parties are good,thus giving it the priority of the rule of preference has legitimacy.Then,this chapter discusses the important concepts such as controversial "delivery","main creditor’s rights","grace period" and "mortgage registration",and demonstrates the position of this paper.The second chapter of this paper is an analysis of the competition of security rights in the application of acquisition mortgage.The classification of security and substantive security in the form adopted in this law of security right is discussed,and the contention of rights between acquisition mortgage and general mortgage,pledge right and lien,as well as the competition between title reservation,financial lease and factoring,which "has a security function",is analyzed gradually,and the solution scheme is dedessed from the perspective of legal theory.When an acquisition mortgage and a legal security right compete,it has the effect of first floating mortgage,fixed mortgage,pledge,etc.But it may not fight the place.The butt of article 416 of the Civil Code,"except for liens",is entirely unusable,and article456 can be applied through system interpretation.The civil code adopts the combination of formalism and functionalism to set up the security right,so that the substantive guarantee of the contract will have a system conflict with the acquisition mortgage right of the property code,such as the right to recover,the right to change and the period of no registration,resulting in the imbalance of the allocation of rights,the path of cracking lies in the retention of title also set a grace period for registration,or further implement the concept of substantive security.In addition,there is also competition between multiple acquisition mortgages,and the choice path under the perspective of legal explanatory theory is also put forward for this problem.That is,starting from the functionalist path,it is suggested that according to the general rules of sub-position,the registration time should be used as the basis for the subposition.The third chapter of this paper also discusses other conflicts that may exist during the life of the acquisition mortgage.Including the change of security during the period of survival,the new rights brought about by the change of creditor’s rights and obligations,such as the transfer of the security,lease,sold into the name of the construction project contractor,resulting in the normal operation of the buyer,lessee,construction contractor and the acquisition of mortgagee rights conflict.There is also the question of the optimal order of rights in situations where the parties actively exercise the right to change the debt(including the change of debt and the transfer of claims)and where the parties are passively involved in the change of debt(the intervention of the executing creditor and the insolvency authority).In addition,this chapter also discusses the competition of the right to pay brought about by cross-guarantee,as well as the conflict and coordination of the rules of debt credit in the case of security surcharge.To sum up,in order to improve the applicability of acquisition mortgage,on the basis of previous research,through deconstructing article 416 of the Civil Code,this paper defines some important concepts of dispute,and mainly discusses the various types of rights conflicts that mortgage rights may involve,and puts forward its own views for the resolution of conflicts,which is also the marginal value and innovation of this paper.