J4 ›› 2012, Vol. 11 ›› Issue (2): 68-70.

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On the Object Scope Limitation of Chattel Mortgage

The scope of chattel mortgage object is an important subject in the process of chattel mortgage system research. In China,chattel mortgage takes the real right alteration mode of registration confrontation doctrine and therefore has made the chattel mortgage system in the position of the dilemma because of the public credibility of real right. This article, through the analysis of domestic and foreign chattel mortgage object legislation, studies the relationship between the limitation of the chattel mortgage object scope and solving the question of public credibility of real right. The paper provides theoretic basis for the determination of the effectiveness of the transfer of moveable pawn, and realization of the interest balance of all parties in chattel mortgage system.   

  1. Department of Public Management and Law, Dalian University of Technology, Dalian, Liaoning 116023, China
  • Received:2011-09-26 Revised:2011-11-11 Online:2012-02-15 Published:2012-02-15

Abstract:

The scope of chattel mortgage object is an important subject in the process of chattel mortgage system research. In China,chattel mortgage takes the real right alteration mode of registration confrontation doctrine and therefore has made the chattel mortgage system in the position of the dilemma because of the public credibility of real right. This article, through the analysis of domestic and foreign chattel mortgage object legislation, studies the relationship between the limitation of the chattel mortgage object scope and solving the question of public credibility of real right. The paper provides theoretic basis for the determination of the effectiveness of the transfer of moveable pawn, and realization of the interest balance of all parties in chattel mortgage system.

Key words: object of chattel mortgage, limit doctrine, public summons

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