Chattel mortgage registration as a way ofdemonstration, therefore, compared with the traditionalway-occupation, there is a conflict because of chattelproperty's natural characteristics. There are also manyproblems in theory and practice. The thesis adopts threeresearch ways, such as: comparative way; history andeconomics; to analyze demonstration way and effect ofdemonstration about chattel mortgage in theory andpractice. The thesis is divided into four parts.Part one: Status of chattel mortgage in system ofchattel guarantee. Chattel mortgage was a very importantsystem in Roma law, however, because of the traditionaltheory of real right, it was denied in mainland law,occupation is the only way of demonstration for chattelguarantee. With the development of economy, the immovablemortgage can not meet demands in practice. In our presenteconomy, chattel mortgage become more and more important,and it has practical significance of guaranteeingcreditor's rights and mixing money together.Part two: Establishment and.demonstration of chattelmortgage. About establishment of chattel mortgage, thelaw in many countries stipulates that a contract must besigned. And chattels range is quite different. In somecountries, it is limited, and in other countries, it isnot limited. Demonstration of chattel mortgage is a resisting factor in most countries. So, the contract isthe element of establishing chattel mortgage instead ofdemonstration. Concerning the ways of demonstration,registration is a basic way, and brand and carving areauxiliary ways in some countries. The demonstration ofchattel mortgage can ensure safety of dealing, safety isthe most important aspect in property right. On the otherhand, demonstration needs cost. Comparing the cost withprofit, we can conclude that establishing mortgage onhigh-value chattel is reasonable, but on low-valuechattel, the cost will outweigh the profit.Part three: Theoretic analysis of demonstration ofchattel mortgage. The part discusses the relationshipbetween demonstration of chattel mortgage and propertylegal principle, property demonstration principle, anddistinction principle. Compared chattel mortgage withownership, chattel mortgage has different alterationrules. Ownership is a right that can be alternated withoutdemonstration, however, chattel mortgage is a right thatmust be demonstrated. The demonstration of chattelmortgage has three kinds of effect by theoretic analyzingthe possibility of demonstration of chattel mortgage:Firstly, it can create right; Secondly, it can resistothers; Thirdly, it has public-believing effect.Part four: The defect and correction of demonstrationof chattel mortgage in our civil law. This part analysesthe regulation in our country from different aspects, suchas: registration of chattel mortgage,the scope of chattel,ways of demonstration and the effect ofdemonstration. It also gives the direction of correction:Our law should adopt unite resisting factor and uniteregistration-establishing doctrine, limit the scope ofchattel, and adopt complete effect of demonstration. |