Research on Chattel Mortgage Contract in China's Civil Code

Abstract

Article 403 of the Civil Code of China, which inherits Article 188 of the original Property Rights Law, adopts a registration-against system for chattel mortgages. However, there is still no explicit provision on the effectiveness of unregistered chattel mortgage rights, and the academic community has yet to reach a consensus. This paper focuses on the controversy surrounding the nature of chattel mortgage contracts. After discussing the differences between "credit contracts" and " property right," it explores the burden and disposition actions involved in establishing chattel mortgage rights, thus summarizing the property rights attributes of unregistered chattel mortgage rights in China.