论动产抵押权对传统大陆法系担保物权体系悖反与融入——以动产抵押权善意取得为例-on the contradiction and integration of chattel mortgage with the traditional civil law system of real right for security - taking the bona fide acquisition of chattel mortgage as an .docxVIP

1122AbstractThis essay consists of four parks.The first part represents the contradiction between chattel mortgage and the real right for security in traditional law system. Due to the lack of announcement ,chattel mortgage is not in compliance with the traditional principle of property announcement doctrine into effect; the alteration pattern through inner idea makes it a secret property right which is not to the world; the so-called law in which the property right shall not against the third party unless it has been announced, makes the property right lack of the power to function against the third party , in so much that it is set aside by the legislator and put together with the common credit right, which is contradictory to the property right. In a word ,the chattel mortgage is not a kind of property right. The bring-in of chattel mortgage tears the system of security interests and impact the concept of property right in traditional continental law system. For example, in the principle of acquiring in good faith, chattel mortgage is short of announcement so that it has no basis, either does the property alteration. Therefore, the principle of acquiring in good faith is not appropriate for it. However, with the development of the economy, a contradiction between the financing market and the traditional chattel security system through alteration possession also involves the civil law. The market’s need of chattel security through non-alteration possession makes us think of the possibility of chattel mortgage.The second part mainly talks about the fusion between the security interests in traditional continental law and the chattel mortgage. Regardless of the closed system for the abstract concept of law, the writer reconsiders the relation between the security interests in continental continental law system and the chattel mortgage with the help of typed-thinking pattern. So that the matter of system fusion can be solved through the methods of interpretation theor