Research On Super Priority

Super priority refers to the mortgage established by using the purchase item itself as the guarantee for the purchase price of the creditor’s right,and its establishment requirements should include relationship requirements,delivery requirements and registration requirements.The subject matter of the super-priority is limited to movable property;the mortgage claim includes the expenses paid for obtaining the subject matter,but is not limited to the price of the subject matter;there is a corresponding relationship between the collateral and the mortgage claim,and the key point is to prove that the mortgage claim "can" and "Used" for the buyer to obtain collateral.The delivery methods of the super-priority include actual delivery and simple delivery,but should not include instruction delivery and change of possession.For the starting calculation of the registration period,both external and internal standards need to be met before the calculation can start.The criteria for a successful application for registration should be based on the successful acceptance of the registration application by the registration agency.In terms of the effect of super priority,it absolutely takes precedence over the buyer’s floating mortgage.And from the perspective of maintaining the uniformity of the repayment sequence rules of the guarantee system,the super priority should also take precedence over the buyer’s ordinary mortgage and ordinary pledge rights announced earlier.In the event of conflicting priorities of multiple super-priorities,whether it is between the super-priorities of multiple lenders or between the super-priorities of multiple lenders and the seller,the “registered in "First" priority order of security rights.The competing of lien and super-priority can be divided into "lien is mortgaged" and "mortgage is lied",but both can draw the conclusion that lien has priority.In addition,the super-priority shall not be against the normal business buyer;it shall not have priority over the priority of compensation possessed by the contractor in the construction project.As for the relationship between super priority and retention of ownership,the principle of equality and freedom should be taken as a path to explain the inconsistency between retention of ownership and the application of super priority rules.