The Normative Implication And Development Of "Registration Antagonistic" Rule Of Chattel Mortagage

Based on the constituent elements and principles of the "registration confrontation" rules for chattel mortgages in the current Civil Code,this paper discusses the relevant theoretical and practical issues of the chattel mortgage "registration confrontation" rules,and explains in detail the "registration confrontation" rules for chattel mortgages."The current status of the legislation of the rule,further clarify its theoretical connotation and extension,and try to solve the shortcomings and deficiencies of the rule under the legislative background of the "Civil Code".This paper is mainly divided into six parts.The first part is introduced from the confusion of understanding of chattel mortgage registration confrontation rules in practice as a problem.Through some relevant cases in chattel mortgage transfer disputes,it is revealed that chattel mortgage registration confrontation rules may have inconsistent results in practical judgments,or apply inconsistent results.statute.Through the application of the rules on registration confrontation before the Civil Code takes effect and the application of the rules on registration confrontation after the Civil Code takes effect in practical judgments,some cases in the judgment are sorted out and introduced into the follow-up part of this article on the rules of chattel mortgage registration confrontation.The second part mainly explains the legitimacy principle of the confrontation effect of chattel mortgage registration,explains the principle of publicity and credibility of chattel mortgage registration,and makes a theoretical rationale for the justification of the confrontation effect of registration from the perspective of publicity and credibility.At the same time,the nature of the unregistered chattel mortgage is determined theoretically from the negative side of the unregistered chattel mortgage,and the necessity and importance of chattel mortgage registration are highlighted from both positive and negative aspects.In order to better understand the adversarial rules of chattel mortgage registration,the legislative necessity and changes of mortgage registration rules are explained in this part,which provides the principle basis for the description of the chattel mortgage registration confrontation rules later.The third part is to sort out the confrontation effect of chattel mortgage registration.explain the specific meaning of "confrontation",and on the basis of the meaning of’confrontation,enumerate and explain the manifestations of confrontation in chattel mortgage registration in practice and theory.And explain the registered movable property mortgage and the conflict balance between the mortgagee and other competing rights on the same thing and other rights holders.By sorting out the confrontation between the registered chattel mortgage and other rights,combined with the judgment situation in practice,we will give a more profound explanation and understanding of the chattel mortgage registration confrontation.The fourth part is to explain the exceptions to the rule of confrontation of chattel mortgage registration under the background of the "Civil Code",that is,the rules of buyers in normal business activities.From the analysis of the legal value of the buyer in normal business activities after the promulgation of the "Civil Code",it clarifies the social necessity and significance of the buyer’s rule in normal business activities.Explain the possible competition for deposits between the chattel mortgage registration confrontation rules and the normal business activities buyer rules,and analyze which rules apply to chattel mortgages under different circumstances.Better understanding between buyer rules.The fifth part analyzes and discusses the current situation of the confrontation rules of chattel mortgage registration in practice after the promulgation of the "Civil Code",and points out that although the current "Civil Code" has continued to make legal provisions on the confrontation rules of chattel mortgage registration after the entry into force,Although the earlier origin of the chattel mortgage registration confrontation rule cannot be ignored,there are still many deficiencies in the detailed provisions and interpretation of the rules.In practice,disputes over chattel mortgage registration and its validity are still common,which affects the harmonious development of the market economy.It is proposed that more attention should be paid to the role of chattel mortgages in the market business environment in future legislative provisions and practical handling.The sixth part is based on the analysis of the status quo of the previous part,and continues to think about the improvement of the anti-mortgage registration rules for chattels under the background of the "Civil Code" taking effect.Emphasis should be placed on improving the system and rules in terms of unified legislation,registration agencies,and review methods.At the same time,attention should be paid to erroneous registration behaviors in practice,and the registration responsibilities of the registration agencies and the liability for compensation in the event of losses should be clarified,so as to improve the situation.A good realization of the improvement and development of the chattel mortgage registration confrontation rules will help realize the role of the chattel mortgage system in market economic activities.