Study On The Perfection System Of Security Right

The modernization of the security system has led to significant revisions in the concept and institutional aspects of security right in the Civil Code,further improving the security right mechanism.The priority rules,as the core norm of the security system,should be clarified As a pre-rule for the priority,the perfection rule still faces problems such as scattered forms,norm conflicts,and fragmented registration authority,which leads to extremely unstable characteristics of the priority rules.Given the importance and wide applicability of registration,it is necessary to build a perfection rule with registration confrontation doctrine at its core.Registration should not only be widely used in typical security fields but also in non-typical security fields.There is an essential difference between security registration and right registration system;it adopts a notice filing and therefore does not require substantive examination of the basis transactions.At present,China only adopts a notice filing in limited areas.It is reasonable to adopt a notice filing uniformly in the security right field.The registered content should only contain necessary information,and the basis transaction should not be included.In order to facilitate the identification of security right information,the registration authority should move to a unified one.A security right that has been perfected can produce priority,notice effectiveness.The effectiveness of an unperfected security right is weakened.When the debtor goes bankrupt,not only can the creditor not claim exemption rights,but they also need to be subject to restrictions on avoiding powers.In view of the relation back rules of purchase money security interest,the exercise of avoiding powers by bankruptcy administrators should be subject to reasonable restrictions on grace period in order to fully protect the interests of purchase money creditors.