Research On The Legal Regulation Of Purchase Money Mortgage Right In China

The purchase mortgage system originated from outside the region and was closely connected with the application of the floating mortgage rules.At the beginning,the system was established to break the siphon effect formed by the floating mortgage rules and smooth the financing channels of the trading market.The application of the purchase mortgage system greatly promoted the development of the American economy at that time.In order to meet the needs of our trade practice,enhance enterprise credit efficiency,improve the utilization of resources,the civil code of the People’s Republic of China(hereinafter referred to as the "civil code")article 416 introduced the purchase mortgage system,the establishment of the system is not only has the economic value,also to a certain extent,perfect the security right system in China,make our security real right system more modern and functional.Purchase mortgage of the original meaning of the natural gives its priority to the effectiveness of the real rights of security,namely super priority,however,activate the purchase of the mortgage,need to conform to the civil code of the requirements of article 416,but the provisions of article 416 is too simple,legislative defects,for example,did not consider the cross guarantee case,the grace period of starting and against effectiveness of effective time also has the problem of unknown standards,the latter half of the generalization of effectiveness rules also makes the purchase mortgage against scope unreasonable expansion.The Supreme People’s Court on the applicable <civil code of the People’s Republic of China> about the interpretation of the guarantee system "(hereinafter referred to as the" civil code guarantee system interpretation ")for the purchase of mortgage content also made some supplement,including article 57 details the scope of purchase mortgage system,but also established several purchase mortgage competitive deposit with registration time successively as the order standard rules,but this rule does not conform to the transaction practice,also easy to destroy the purchase of mortgage system.At the same time,both the Civil Code and the Interpretation of the Guarantee System of the Civil Code do not specify the types of purchased items to distinguish the applicable standards in different circumstances,and there is also a lack of detailed and clear guidance on the application rules of the super priority effect of the purchase money mortgage.In view of the problems existing in the legal regulation of purchase mortgage,This paper uses the normative research method,legal interpretation method and comparative research method,Starting with the Civil Code and the Interpretation of the Guarantee System of the Civil Code,From the perspective of the purchase payment mortgage system,On the components and priority effect of the purchase money mortgage,By designing the scenario cases,To clarify the disputes and defects in respect of collateral,cross-guarantee,delivery behavior,registration effectiveness and confrontation rules,On this basis,the corresponding solution is put forward for the lack of legal regulation of purchase money mortgage,In order to clarify the components of the purchase money mortgage right,And the handling rules for competing with other security rights,Ensure the system and rationality of the purchase money mortgage system,Make it better connect with the original security real right system in China.