Chattel Mortgage Research

Although chattel mortgage can meet the needs of the real life, there are many arguments in the system of chattel mortage because real property mortgae is different from chattel mortage in many parts.The author attempts to analys the problems, which are important to the theory and practice, in order to perfect the system of chattel mortgae. The thesis consists of five parts.Part one introduces the histroy of chattel mortgage biefly, explaining that only part of the personal properties can be treated as the object of the chattel mortage. Referring to the foreign law stipulations, the author points out the difficiency of our law and sugggests that our law should limit chattel mortgage subject range.Part two analyses the superiority about the public credit. Then the author points out that the mode of resistance includes the defects that the mode of public credit has. As a result, the author suggests that real right law should adopts the registration validity doctrine.Part three focuses on the interest conflict between the secured party and the transferee, elaborating that chattel mortage recourse is feasible according to the prior validity, primitive obtain and interest balance. But, considering the character of fluidity, the author thinks that the chattel mortgage recourse is difficult to play the due effect in real society and concludes that it is reasonable to limit the disposition of mortgager.Part four discusses that which right is priorily implementaed at the condition of the competion of pledge over movables,chattel mortgae and opossessory lien. Then the author discusses the possibility of acquisition of chattel mortgage right.