Research On The Confrontation System Of Chattel Mortgage Registration

The change of real right in my country adopts the principle of registration taking effect,with the exception of registration confrontation.Specifically,in the field of chattel mortgage,my country adopts the registration confrontation model.In the change of property rights,internal and external legal relations will naturally arise,while for the change of mortgage movable property rights,the internal legal relationship only involves the parties,so it has nothing to do with registration.Registration directly determines the content of the external legal relationship,and it resolves the relationship between the party and the third party.Only through the publicity of registration can the mortgage be given the effect of fighting against a bona fide third party.Confrontation is one of the functions of registration,and it has different manifestations depending on the conditions in which the confrontation occurs.In the field of the transfer of ownership of chattel mortgages,"confrontation" represents the denial of one right to other rights,and when the order of the mortgage needs to be determined,the connotation of "confrontation" means that other guarantees are not negated.Under the premise of property rights,solve the priority problem of rights realization.The complete antagonistic effect of chattel mortgage can only be established with the help of registration,but the unregistered chattel mortgage also has similar antagonistic effect because it is still a real right,but it is not completely antagonistic.The "confrontation" in the chattel mortgage registration confrontation rules only refers to complete confrontation.Therefore,the scope of the third party to study the chattel mortgage registration rules needs to be excluded from the scope of the third party whose mortgage rights can be confronted without registration.Article 403 of the Civil Code,as a general rule of the movable property mortgage registration system,the scope of its adjustment is actually limited to the scenario where the mortgage right and the ownership confrontation in the process of mortgage transfer."The essence is " without registration,the mortgage right is extinguished ",and the scope of the third party only includes the buyer objectively.It should not be known that there is a mortgage right on the collateral".The basis for the complete confrontation is the publicity of registration,because only through registration can the order of establishment of rights be determined,and the earlier rights will have the effect of negating the later rights,thus ensuring the retroactive effect of the earlier established mortgage rights.Therefore,registration is also a guarantee for the recovery of the mortgage right.In addition,Article 404 of the "Civil Code" expands the "normal business buyer" rule from the field of movable property floating mortgage in the past to all movable property mortgage fields.Prior to Article403,the priority should be applied,and special circumstances should also be considered.Combined with the intensity of publicity generated by the level of detail registered in the movable property register,the applicable rules should be selected for the two.In the scenario where the mortgage is confronted with other security rights,since all movable properties have a certain "value capacity",the confrontation is not manifested in the disappearance of the mortgage,because one property can fully accommodate multiple security rights,but To solve the priority of repayment when the security interest is realized,the main scenarios include: when multiple mortgage rights exist,Article 414 of the Civil Code is directly applicable,regardless of the subjective situation of the third party.When the mortgage right and the pledge right exist,it shall be determined in accordance with the sequence of the establishment of the pledge right and the registration of the mortgage right,supplemented by the registration confrontation rules,and the determination shall be made in different situations considering the subjective goodwill of the third party.When a registered mortgage and a super chattel mortgage coexist,Article 416 of the Civil Code applies,but a limited interpretation of the "subject matter" is required.