An Empirical Study On The Realization Of Chattel Mortgage Under The Background Of The Implementation Of The Civil Code

To solve the difficulties of financing for small and medium-sized enterprises,chattel financing is an effective means as well as important way.The Civil Code in China had optimized the relevant rules of the chattel mortgage system and provided a discretionary measure for handling chattel mortgage disputes in practice.Based on the fact and cases of "chattel mortgage" after the implementation of the Civil Code in China,it is found that the scope of application of chattel mortgage is relatively limited,and the situation of the failure of chattel mortgage rights is also complex.From this perspective,the collateral model of chattel mortgage has not been widely used in practice,and chattel mortgage rights are prone to failure in practice.The double layer attack between the inside and outside has created and expanded the risk of the failure of chattel mortgage rights.From an internal perspective,chattel mortgage inherently lacks the ability to make public,and chattel collateral is easily damaged and lost,making chattel mortgage rights themselves vulnerable to failure.From external reasons,there is still insufficient protection for chattel mortgagees under the Civil Code and relevant laws.Specifically,the retroactive and adversarial effects of chattel mortgage rights are limited,and the special priority rights in law make chattel mortgage rights inferior.There are legal flaws in the rules of subrogation and preservation of mortgaged property,and the legal remedies are slightly insufficient.To promote the realization of chattel mortgage rights,it is necessary to take the balance of legal interests as the basis,fairly handle various legal relationships in chattel mortgage,and distinguish the different adversarial forces between registered as well as unregistered chattel mortgages.As for the specific path,it is recommended to improve the registration of chattel mortgage,reasonably determine the mortgaged property,optimize the special priority rule,clarify the compensation rules for impairment of mortgaged property,and allow for private remedies with preconditions.