Study On The Super Priority Effect Of Mortgage Guarantee Of Chattel Purchase Price

New chattel purchase price mortgage guarantee rule is added to the Civil Code,which is a remarkable institutional innovation in the codification of the code.This rule endows the mortgage guarantee of chattel purchase price with super priority effect,so that it can counter other security rights established in advance of the subject matter.However,Article 416 is insufficient for judicial application and should be further clarified and refined.This paper attempts to conduct a systematic analysis of this rule from the perspective of interpretive theory,aiming to clarify the establishment requirements of the mortgage guarantee of chattel purchase price through legal interpretation,and sort out its super priority effect,so as to provide a more detailed operational explanation for its application in judicial practice.In addition to "introduction" and "conclusion",this paper is divided into four chapters.Chapter one studies the establishment of chattel purchase price mortgage guarantee in the Civil Code.The mortgage guarantee of chattel purchase price originally originated from the real estate mortgage system of England,and then extended to the field of chattel through the United States law,and was explicitly confirmed by the Uniform Commercial Code of the United States.Article 416 of the Civil Code establishes the mortgage guarantee of chattel purchase price for the first time,which has the characteristics of legal transplantation.Its position in the Civil Code should be typical guarantee,chattel guarantee and special chattel mortgage guarantee.Chapter two studies the establishment of mortgage guarantee for chattel purchase price.If the seller or the lender and the buyer want to set up a mortgage guarantee for the chattel purchase price,they need to conclude a mortgage contract.The seller or lender shall be the mortgagee,and the buyer shall be the mortgagor.The mortgaged property is the subject matter of the transaction and is limited to movable property without distinguishing the categories of movable property and excluding the application of immovable property and intangible property.Therefore,it is considered to expand the application to the purchase facilities of non-profit schools,kindergartens,medical institutions and pension institutions for the purpose of public welfare.The mortgage claim must be born from the purchase of the mortgage,and the two must be related.If the mortgagee applies for mortgage registration within ten days from the date of delivery of the mortgaged property to the mortgagor,the mortgage guarantee of the chattel purchase price shall have super priority effect and shall be generated retroactive to the date of delivery of the mortgaged property.The third chapter studies the legitimacy of the super priority effect of the mortgage guarantee of chattel purchase price.The mortgage guarantee of chattel purchase price breaks the general rule of chattel guarantee sequence,and according to the super priority effect of "publicity first effect first",it constitutes the exception of the general rule of chattel guarantee sequence and has priority application.Chapter four studies the realization of super priority effect of mortgage guarantee of chattel purchase price.In the face of other chattel guarantee rights competing for deposit on the same subject matter,the mortgage guarantee of chattel purchase price takes precedence over floating mortgage right,fixed mortgage right and pledge right disclosed in advance.If multiple chattel purchase price mortgage guarantees are competing for deposit,their precedence shall be judged according to the first paragraph of Article414 of the Civil Code.However,the mortgage guarantee of chattel purchase price is inferior to the civil lien as the legal guarantee right of chattel and the priority of construction contract price as the legal priority.The above judgment is not based on the good faith of the relevant right holder.In the case that the mortgage guarantee of chattel purchase price has been established and not registered,the subjective mentality of the third party should be considered and the following confrontation rules should be formed: Normal business buyer,prior contracting lessee > registered chattel purchase price mortgage guarantee right > bona fide buyer,bona fide contracting later lessee,executive creditor,bankruptcy administrator > unregistered chattel purchase price mortgage guarantee right >malicious buyer,malicious contracting later lessee.As for the institutional correlation between the mortgage guarantee of chattel purchase price and the ownership retention and financial lease,the mortgage guarantee of chattel purchase price and the ownership of the seller in the ownership retention and the ownership of the lessor in the financial lease can have super priority effect.If they are stored in the same subject matter,the priority shall be determined according to the registration time in accordance with Article 414 of the Civil Code.As for the applicable restrictions on the super priority effect of mortgage guarantee of chattel purchase price,we can impose notification obligation on the right holder of mortgage guarantee of chattel purchase price,and impose applicable restrictions on the interested parties of mortgage guarantee of chattel purchase price,so as to prevent the right holder from abusing the super priority effect.