On The Application And Perfection Of Purchase Price Mortgage System In Our Country

the purchase price of mortgage system originated in the us,the balance in the floating guarantee rights and the interests of the debtor between other security right people,to ensure that the interests of the creditors to implement and promote the debtor financing plays an important role in such aspects as the system from establishing to practice abroad has developed into a mature system of the United States in the uniform commercial code,the paper defines to the effectiveness and so on various aspects have made detailed rules.Under the legislative spirit of optimizing the business environment and enhancing the advantage of attracting investment in China,the real right of security in the real right section of Civil Code adopts the legislative methods of functionalism and formalism,and introduces the mortgage of purchase price.In fact,there were a lot of similar transaction modes in China before this,but there was only one provision on this system in China’s Civil Code,which was obviously not conducive to the effective implementation of the system.This requires a comprehensive study of the mortgage of purchase price.This paper is divided into four parts.The first part introduces the compilation background of the guarantee part of the Civil Code to understand the reasons for the establishment of the purchase price mortgage system in China,and basically introduces the purchase price mortgage system to point out the possible problems in the system.The second part is the internal logic and system orientation of the mortgage right of purchase price.After a basic understanding of the price mortgage system,it is concluded that the logic of the price mortgage system lies in restricting the rights of the prior floating mortgagee and balancing the interests of all parties involved in the guarantee relationship,so as to promote the benign development of the market competition environment.The paper analyzes the system positioning of price mortgage in the security real right system and finds that it is insufficient or complementary to other security real right systems after comparing with other security real right systems.The third part is the application of the mortgage of purchase price in China.It analyzes the application of the mortgage of purchase price in China from the possible meaning contained in terms of provisions.mainly including the analysis of the types of mortgaged property.It is believed that it is in line with China’s national conditions to limit the mortgaged property of purchase price to movable property.The effect of the registration within the grace period is to obtain the super priority status.The starting point of the grace period shall be calculated from the time of transfer of ownership of the sale.As well as the restriction of the price mortgage right under the existing system in our country and the understanding and explanation of its priority effect under special circumstances.The fourth part introduces the operation rules of foreign purchase price guarantee,understands the relevant legislative provisions of the United States,Europe and the United Nations,and concludes the deficiencies of China’s price mortgage by comparing the provisions of China’s price mortgage with the operation outside the region.Fifth part for the perfection of the mortgage purchase price in our country,contrast,our country should draw lessons from foreign experience to the purchase price of mortgage collateral and the classification rules,the mortgagee and should through the narrowed its scope of application and applicable to the obligee to the burden of proof to limit the system to avoid the hidden trouble,due to its super priority and make perfect,on the right registration system in the registration to distinguish the right type so as to facilitate the creditors of the query,as much as possible to reduce the relevant additional legal obligations of the parties.