The price super priority system is a new system stipulated in article416 of the Civil Code of Our Country,the system does not have a unified name in China,some scholars refer to it as the purchase price security right,the purchase price security interest,and in this article it is called the price super priority.The establishment of the price super priority system is of great significance to the development of China’s commodity economy,which is conducive to breaking the monopoly position of floating mortgagee,improving financing efficiency,balancing the rights and interests of all parties,and at the same time enhancing the debtor’s repayment ability.Since the super-priority of the price has a great impact on the rights and interests of other security holders,if the movable property security system is to be set up on the subject matter,it is not only necessary to meet the most basic registration conditions,but also China’s law also stipulates the time of its registration,requiring it to register within ten days,which is called the grace period rule.If,at a time when the movable property has not yet established a super priority in the price,other security holders in good faith establish a general security interest in the movable property,but then establish a super priority in the price on the movable property,then even if the ordinary security right is established before the super priority of the price,it can be learned from it that even if the ordinary security interest is established before the super priority of the price,it can be learned from it,The price super-priority regime has an impact on the realization of the interests of other security holders in certain circumstances and may make it impossible for them to be liquidated.The grace period rule for the super priority of the price can be regarded as a preferential treatment for the super priority holder of the price,but in order to balance the rights and interests of other security holders,the author believes that the grace period rule should be improved.The first chapter of this paper contains the research purpose and significance,explains the great significance of the research price super priority system for the development of China’s legal system,and also includes the research methods and research status,expounds the two major improvement suggestions of domestic scholars for the price super priority system;the second chapter introduces the relevant cases of the price super priority,through which it can be seen that if the price super priority system is applied,it will be very harmful to the rights and interests of other security interest holders.The system needs to be improved urgently;the third chapter,through the analysis of the case part,leads to the problem that China’s price super priority grace period rule needs to be improved;the fourth chapter introduces the relevant theory and problems of the price super priority grace period rule,and the fifth chapter explains the methods of some scholars in China to solve this problem,including the limitation theory and the waiting theory,these two doctrines put forward the solution to the problem through two different angles,and the author also puts forward some shallow opinions at the end.This article improves the grace period rules for the super-priority of the price,protects the rights and interests of other security interest holders,so as to balance the rights and obligations between the parties,such as sellers,debtors,other security holders and the super-priority holders of the price,improve the financing efficiency of the market economy,and promote the stable and rapid development of the economy. |