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Gao Shengping: Responsibility of the Examination of Chattel Mortgage Registration


Abstract: Registration is the only requirement of security right against third parties. Neither the acquisition nor the assignment of ownership is not registered in the chattel mortgage registry. It has no credibility and its function is only to notice the third party of the mortgage burden and determine the priority among competing rights on a particular subject. Thus, chattel mortgage registration authority is only responsible for the for the examination of an application for the chattel mortgage registration. To check the parties¡¯ ID formally, as the subject who is prohibited to be a guarantor by law can not be a chattel mortgagor. And in the case of collateral, the authority only needs to check whether it belongs to the scope of registered terms and has no responsibility to check the ownership or the use right of the collateral. According to Property Law and Security Law, it couldn¡¯t be drawn directly that the authority should bear the responsibility of substantive examination of an application for chattel mortgage registration

Key Words: Chattel Mortgage Registration; Registration Antagonism; Formal Examination; Substantive Examination

(Editor: Liu Xiaoling)

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