| The chattel purchase mortgage system stipulated in Article 416 of the Civil Code is the result of legal transplantation.Due to differences between extraterritorial judicial practice and China’s legislative ideas,the current provisions are too brief,the constituent elements,survival rules,the scope of application of super priority effect,etc.are not perfect,and the systematic application rules are not sound,which has caused many disputes while enriching the content of chattel mortgage,For example,the scope of secured claims is not clear,the delivery standard is not uniform,whether the transfer of price claims affects the super priority effect,and what is the order of liquidation with the pledge right under delayed registration.From the perspective of security functionalism,this paper analyzes the current situation of the system in terms of its constituent elements and system application,and puts forward suggestions on constituent elements,survival rules,systematic application rules,etc.It strictly limits the secured creditor’s rights to the purchase price,distinguishes the effectiveness of non registration and delayed registration,and does not apply the buyer protection rules in normal business activities,To construct the rules with general antagonistic effect against the pledgee under the delayed registration,so as to improve the unfinished provisions and meet the demand of market economy for financing guarantee.Specifically,this paper is divided into the following five chapters:The first chapter is an introduction,which clarifies that the legal source of the chattel purchase mortgage system is the United States Uniform Commercial Code,points out the legislative purpose and market background of introducing the system when compiling the Civil Code in China,and explains the original intention of this study and discussion of the system.By sorting out the existing research literature at home and abroad,this paper summarizes the problems of China’s current legal norms and the judicial experience worth learning from abroad.At the same time,this paper adopts comparative research,normative research and other methods,hoping to put forward suggestions on improving the constituent elements and refining the systematic application rules.The second chapter is an overview of the chattel purchase mortgage system,summarizing the concept and characteristics of the system,and sorting out the substantive elements and procedural elements of the system by studying the legal provisions.The substantive elements include that the guarantee creditor’s right is the price creditor’s right,the guarantee object is the purchase itself and is limited to the chattel,and the procedural elements are that the purchase is delivered and registered within the statutory grace period,It explains the legitimacy of introducing this system in theory and practice.The third chapter discusses the constituent elements of the chattel purchase mortgage system,points out the problems of the current provisions from both the substantive and procedural perspectives,and publishes its own suggestions for improvement.On the entity side,there are problems such as unclear proof obligation of the corresponding relationship between the secured claims and the secured property,and uncertain scope of the secured claims.On the procedural level,there are not enough details on delivery standards,automatic publicity of consumer goods,and lax registration methods.On the basis of studying foreign advanced legislation and combining the actual situation of China’s financing market,this paper ponders over the above issues and puts forward suggestions for improvement.In terms of substantive elements,the secured creditor’s rights should be strictly limited to the purchase price,and the different establishment qualifications of the secured property should be detailed;In terms of procedural elements,strict registration review standards should be adopted to make it clear that registration does not have retroactivity.The fourth chapter is about the rules of the chattel purchase mortgage system during its existence.Due to the incompleteness of the current existence rules,there are many disputes on many issues.Whether the transfer and attachment of secured creditor’s rights affect the super priority effect and whether the buyer protection rules for normal business activities are applicable have not yet formed a unified conclusion.After analysis,this paper believes that it should be clear that the transfer of price claims will lead to the loss of super priority effect,and the additional claims of price claims are not protected by super priority effect,and the buyer protection rules in normal business activities cannot be applied.The fifth chapter is about the liquidation order of the chattel purchase mortgage system and other security systems.The emergence of this system has a great impact on the priority of the original security interests.Its super-priority effect has a great impact.Abuse of the super-priority will damage the interests of other registered security interests,and weaken the monopoly advantage of the floating mortgagee.This paper analyzes the relationship between this system and other security interests of typical security,And the relationship with the retention of ownership of non-typical security.It has reorganized the priority order of the various security systems.It should be clear that the purchase money mortgage of movable property has priority over the floating charge registered first,build rules that have general antagonistic effect against the pledgee under the delayed registration,add rules that have equal effect between multiple purchase money mortgages of movable property,and limit the abuse of the rights of the sellers who retain ownership,hoping to reduce institutional friction,Promote the rapid integration of this system into China’s security property system. |
