The Modernization Aspect of Mixed Establishment Mode of Security in Personal Property in Our Country
The modernization of security in personal property is characterized by extensive properties,uniform and simple mode of establishing security rights,and various types of security.Otherwaise,under our security in personal property,it's doubtful whether a new type of intangible property can be encumbered a security right;It doesn't explicitly affirm the real right effect of intangible property charge and security in future property,nor does it recognize that security rights extend to derivative property,and therefore there is no real security in collective property.The mode of creating security right is mixed,including delivery effective,registration antagonistic and registration effective.The establishment system of security in personal property in our coun-try could be optimized as follows:first,it assumes the right of disposition in the security in personal proper-ty,so that security in personal property has the effect of real right when the disposition occurs,and by means of legal fiction,the security which acquires effect by the delivery of secured property can be established in the future property.Second,it shall be clarified that rights not prohibited to be transferred by laws or admin-istrative regulations,can be pledged,and rights not prohibited from charging may be charged.The main mode of establishment of security in personal property is regarded as registration antagonism and registration effective.It is necessary to expand the charge in movable property to include charge in intangible property,and the unified registration platform of security in personal property is recognized as a statutory underwritten registration institution.
Security in Personal PropertyHybridismSecurity in Future PropertyAssumed Right to DisposeCharge in Intangible Property
万方数据
维普
