On The Interest Balance Mechanism In The Rules Of Normal Business Buyers

The normal operation buyer rule is a ranking standard for the rights of the mortgagee and the buyer in a specific situation,involving the interests of the mortgagee,the mortgagor,and the buyer.The Code expands the scope of application of this rule to all chattel mortgages,changing the tripartite interest pattern in the original Property Law of the People’s Republic of China,and forming a new mechanism for balancing interests.The current mechanism for balancing interests mainly consists of rules for adversarial registration of chattel mortgages,rules for normal business buyers,rules for transfer of collateral,and rules for priority repayment of chattel mortgages.Among them,the normal operation buyer rule is the most prominent and important one among the above rules.Because it constitutes an exception to the adversarial rules of chattel mortgage registration and the transfer rules of collateral.Observing the application effect of normal operating buyers: From the perspective of mortgage relationships,the application of normal operating buyer rules leads to the interruption of the effectiveness of mortgage recovery;From the perspective of the buying and selling relationship,the application of the normal operating buyer rules enables the buyer to obtain complete ownership of the property without any mortgage burden.Under the application of normal business buyer rules,the transaction safety and efficiency of sales contracts can be achieved,and the possibility of realizing the main creditor’s rights of guarantee contracts is increased.The application effect of this rule is worthy of recognition in improving the overall business environment.However,the enforcement of the mortgage right in the guarantee contract is blocked,which is a sacrifice that must be made in the context of improving the business environment and financing convenience legislation.However,it cannot completely sacrifice the rights and interests of the mortgagee.Therefore,from the perspective of interpretive theory,it is necessary to limit the constituent elements of the application of the normal operating buyer rules,in order to prevent significant situations where the mortgagor and buyer use the normal operating buyer rules as a shield,block the recourse of the mortgage,and harm the interests of the mortgagee.After the buyer in normal operation obtains unencumbered ownership,the mortgage right shall be extinguished.trengthen the effectiveness of the debt pledge of the subrogation on the collateral.Only when the mortgagee’s rights and interests are damaged can they take remedial measures in a timely manner.