On the Nature and Sequence of"Goods-Price Guarantee"——Focus on Article 416 of the Civil Code
The"goods-price guarantee"means that the"goods"delivered shall guarantee the payment of the outstanding"price".It has a unique structure:existence(implicated relationship)+registration(control method)".It is an independent type of real right for security,its nature is a legal security right,not a mortage.The current law confuses"price"with"loan for price",and further confuses"goods-price guarantee"with"goods-loan guarantee",which results in"goods-price guarantee"being regarded as mortage,and its ordering rules are also confused with"good-loan guarantee".We should distinguish between"goods-price guarartee"and"goods-loan guarantee".The former is superior to floating mortgage,mortgage and pledge according to law,but inferior to lien and equal to the priority of project funds.The latter can only take precedence over floating charge according to law;when the two coexist,if the"goods-price guarantee"is registered within the grace period,it has priority over the"goods-loan guarantee"and is registered after the grace period expires,the order of liquidation shall be determined according to the time of registration.
goods-price guaranteegoods-loan guaranteemortgageregistration priorityArticle 416 of the Civil Code
万方数据
