Research On The Legal Effect Of Movable Property Floating Charge

The chattel floating mortgage plays an active and important role in the chattel guarantee system in the Civil Code of our country and is one representative way of guarantee.On the one hand,the future property is added to the chattel mortgage system and expands the scope of guarantee.On the other hand,the new normal operation buyer rules,improve the use efficiency of collateral.Therefore,this paper systematically studies chattel floating mortgage from the perspective of the reconstruction of chattel floating mortgage system in the Civil Code and follows the path of interpreting the current law.This paper is divided into four chapters to study the legal effect of floating mortgage of movable property.The first chapter is the proposal of the problem.This paper starts with cases,combines the effect reconstruction and existing research of floating mortgage of movable property in the Civil Code,and proposes the problems to be studied in this paper: The legal effect of chattel floating mortgage is that the scope of the priority of chattel floating mortgagee is retroactive to the time of registration or the time when the mortgaged property is determined.The second chapter of this paper analyzes the basic theoretical issues of chattel floating mortgage,including the concept of chattel floating mortgage,legal attributes,hoping to have a basic understanding of it,to provide a theoretical basis for studying the legal effect of chattel floating mortgage.The third chapter explains the registration effect of movable mortgage,which can produce public effect.According to the stipulation in the second half of Article403 of the Civil Code that "without registration,it shall not oppose a bona fide third party",it can be seen that the floating mortgage of movable property that has completed statutory registration has public effect on the third party.At the same time,according to this article,it can also be concluded that registration can produce antagonistic effect.The fourth chapter introduces the countermeasure effect and exception rules of movable mortgage.The focus of this paper is to clarify whether the priority of the movable mortgagee is to be paid back to the time of determination of the mortgaged property or the time of registration.The key to solve this problem lies in the understanding of Article 411 of the Civil Code.After analysis,it is concluded that this article is not the English crystallization system of "determination rule of mortgaged property".The function of this provision is to make floating mortgage property specific,thereby establishing that registration is the factor determining the priority effectiveness and extent of the property.Then it analyzes the legal situation against chattel floating mortgage and the antagonistic effect of unregistered movable property floating mortgage are discussed in detail.Finally,this paper expounds the exception rules of chattel floating mortgage opposing effect,namely buyer’s rule and purchase price guarantee priority rule(also called super priority rule).As for the normal operation of the buyer rule,we should grasp the following points: first,the applicable premise,namely chattel collective mortgage;Second,in the field of chattel collective guarantee,there is no need to distinguish between general chattel mortgage and floating mortgage.Third,the stipulation prohibiting the transfer of mortgaged property in the newly promulgated Judicial Interpretation of Guarantee System is not applicable to the rules of normal operation of buyers;Fourth,the conditions for the application of the buyer’s rule in normal operation include the seller’s normal operation,the buyer has paid a reasonable price and the buyer has acquired the subject matter.Meanwhile,the buyer’s rule in normal operation should be strictly applied with the limited interpretation in the legal interpretation method.Through this study,the ownership retention system can be applied to the purchase price guarantee priority rule,but the financial lease system is not applicable to the purchase price priority rule.