Reflection To Publicity System Of Chattel Mortgage

In order to provide a guarantee for the performance of the debt,the debtor sets up the mortgage by himself or by the third party in the form of non-transfer possession,which is the chattel mortgage.If the debt cannot be repaid,the mortgage holder has the right to receive priority from the auction of the mortgaged property or the proceeds of the sale.The essence of chattel mortgage is a kind of debt guarantee,which plays a very important role in the full realization of the value of chattel guarantee,the guarantee of transaction security and the maintenance of economic order.The chattel mortgage mechanism has not been established in China for a long time,but there are still many imperfect regulations.At present,China’s chattel mortgage publicity system for registration confrontation,which will lead to registration confrontation mechanism,chattel mortgage rights are very likely to trigger ethical risks of transactions."Property law" provisions of article 199 th in order to achieve real estate mortgage,according to the order of registration and registration to determine whether the realization of the order of chattel mortgage,whether in theory or in the judicial practice,to you show the registration validity doctrine and registration confrontation conflict between the two.There is an obvious contradiction between the 199 th and 188 th provisions.Since Chattel Mortgage System has not been established for a long time in China,so there is not a perfect system in this field in China.Especially the registration of chattel mortgage publicity system adopted in combat model leads to chattel mortgage registration counter,easy to cause trading ethical risks."Property law" the 199 th regulation chattel mortgage implementation order,according to whether the registration and order to determine the chattel mortgage registration implementation order,both in theory and in judicial practice,to show you the conflict of registration antagonism and registration effectism.It is obvious the regulation of article 188 and article 199 is inconsistent.Throughout the theoretical circle is presented in this paper the chattel mortgage system on the basis of the research status of chattel mortgage of continental law system and Anglo-American law system countries publicity system and legislative status quo,analysis of their respective advantages and disadvantages,summarized the above countries and regions in the system of chattel mortgage in common,in order to provide reference for the continued perfection of chattel mortgage publicity system in China.And based on the situation of our country,focus on the chattel mortgage registration publicity system of registration antagonism and registration effectism,the author analyses to investigate the effect doctrine,consummates our country the counter measure of chattel mortgage publicity system are obtained.