Research On The Application Of Buyer In The Ordinary Business Of Course In China Under Chattel Mortgage

Buyer in the ordinary business of course is an extremely important part of the reform in the field of chattel mortgage in China.In the past,Article 189 of the Property Law provided for this rule,but at that time,the rule was limited to the field of floating charges and its scope of application was relatively narrow.After the promulgation of the Civil Code,under the requirement of optimizing the business environment,in order to promote transactions and achieve the goal of making the best use of everything possible,legislators expanded the rule that was only applicable to the field of floating charge to the field of general chattel mortgage,and issued relevant judicial interpretation,making the rule have a broader application space.However,this expansion not only improves the applicability of the rule,but also makes it face a test of applicability.From the perspective of the normative purpose of Buyer in the ordinary business of course,this paper combs the system content of the rule and finds the problems that need to be solved in its application.At the same time,it makes full use of the legal interpretation method to put forward improvement suggestions on the problems existing in the application of the rule.The article is divided into four parts:The first part is about raising questions.This section introduces the practical situation where the Civil Code has made certain adjustments to Buyer in the ordinary business of course,resulting in many disputes and urgent solutions for the application of this rule.The second part is about the legitimacy of Buyer in the ordinary business of course in China.This section mainly introduces two issues.Firstly,it discusses the normative purpose of maintaining transaction security and improving transaction efficiency of this rule in China;The second is to discuss the expansion and application of this rule in China,which is not only in line with the original intention of the system to maximize the protection of customary transaction activities,but also conducive to the formation of clear rules on the effectiveness of chattel mortgage property rights.The third part is the deconstruction of the application of Buyer in the ordinary business of course in China,which mainly introduces three issues.One is to analyze the constituent elements of Buyer in the ordinary business of course,including explaining "normal business activities","payment of reasonable prices","acquisition of mortgaged property",and the subjective state elements of the buyer;The second is to analyze the relationship between the expansion of the rule and its application in the system.Including the relevant relationship between this rule and Articles 406,403,and 311 of the Civil Code.The third is to discuss the effectiveness of the application of this rule.The fourth part is about the remaining problems and solutions in the application of this rule.This section is mainly divided into two aspects.On the one hand,it introduces the problems that still exist in the normal operation buyer rules,mainly including the incomplete provisions of Article 56 of the Interpretation of the Supreme People’s Court on the Application of the Guarantee System in the Civil Code of the People’s Republic of China,doubts about the application order of Buyer in the ordinary business of course and the price super priority,and imperfect protection of the interests of the mortgagee.On the other hand,it introduces the suggestions for the improvement of the above issues,mainly including reinterpretation of the relevant elements of Article 56 of the judicial interpretation,classification of the application of the normal operation buyer rule and the price super priority,and improvement of the interests of the mortgagee through both ex ante and ex post perspectives.