On Whether A Chattel Mortgage Will Against An Ordainary Debt

The chattel mortgage system is an important system in modern civil law, for the protection of the legitimate rights and interests of the mortgagee, for maintaining dynamic security of transactions. Our "Civil law", Contract law","Guarantee law" and the later "Property law" upon put into effect,, have laid the basis of perfecting the chattel mortgage protection system. And in the same time have made clear of the restriction and protection of the mortgage rights."Regulations on the protection of bona fide third party rights law" is of great significance to guide the judicial practice of our country. However,"Regulations on the bona fide third party property law" are too principled, especially in unifing requirements of movable and immovable property’s bona fide third parties.. It simplifies the bona fide third party constitution, also covers up different elements, in between of them. As a matter of fact it is difficult to avoid conflicts and contradictions in judicial practice.The case is a typical case of unregistered chattel mortgage and the ordinary creditor’s rights in judicial practice in the Pearl Delta. Taking the case as a dissertation material, the author has tried to make a paper on the application of law of chattel mortgage and the bona fide third party. This paper focuses on the definition of bona fide third problem as well as analysis on this. This paper holds the opinion that, in order to correctly apply the bona fide third party stipulation, appropriate, equitable and cohesive application of bona fide third party stipulation and relevant legal system should be payed enough attention to in our laws.. Also, woe should enhance the system of registration of chattel mortgage, in order to reflect the credibility of chattel mortgage registration. It’s the author’s hope that this paper may solve the long-term legal difficulty of whether or not a chattel mortgage which has yet not been registered can act against an ordinary credit. Thus this effort may lead to improve the system of chattel mortgage..