On The Perfection Of China's Chattel Mortgage

The paper mainly talks about the fundamental theory of the legislation in chattle mortgage . It analyzes the differences between legislation in western developed countries and china, and get some useful conclusions . The paper studies many detailed questions , such as the scope of the subject, the choice of the means of proclaim , the conflicting effect of the register , ect. By doing this ,the paper want to put forward some useful suggestions for perfecting the theory the chattle mortage . On the whole , the paper mainly researches on several subjects:1.Questions about the reform on the set up of chattle mortage, including the scope of the subject , the choice of the means of claim , ect. First , define the scope of the chattle mortage;Second, select "formally establish -conflicting register" as the means of proclaim . Besides , put the principle of "uniformed registeration in each localities, validity in the whole country " into effect.2.Explain the regulation about the seguence of chattle mortage creditor in great detail, and perfect the protection on the person who accept the martage . Without being registered , each mortage creditor can not pay off according to the time that the contract take effect .Besides, it is also necessary to draw on the experiences of Japan and Taiwan.3.Be aware of the handing principle when there are conflict among chattle mortage, lien, and chattle lien of the same guarantees. On the one hand , when the mortage that havn't been registered was liened , chattle mortage cann't resist the third part who is out of good will and have liened the object by law . When the mortage that have been registered was liened , the mortage is prior to the lien . But the lien creditor has a first priority to be payed on the added value of the obiect. On the other hand , when the object was liened before being keeped as a pledge , chattle mortage cann't resist the third party with good will, in spite of the obiect is registered or not. For the chattle lien , it has conflice with the chattle mortage that can be set up after registered in law . Which party have the preference depend on the sequence of lien and chattle lien . However, when the chattle lien has conflice with the chattle mortage that is established without being registered, the lien creditor with good will has a first priority on thechattle mortage creditor.The law is a visible hand in market economy which can standardize, lead and secure the business and competition order. We have seen the usefulness of this hand in the chattle mortage system. There are seill many questions in the chattle mortage system that worth further studing . I will continue my research on these questions in the furrure...