Abstract:
Property Law of China states the chattel mortgage system and adopts notification (registration) antagonism. Since the chattel mortgage system breaks the designs of traditional civil law to typical guarantee, a lot of formidable obstacles come into being theoretically. The notification antagonism directly results in conflict and antagonism of the property rights on the same property, which gives rise to constitutive contradiction in Property Law of China. It is open to discussion on bringing chattel mortgage system into line with Property Law, and during the future compilation of civil law, it shall be contemplated whether to accept or reject the system with the combination of investigation into relevant systems ( such as alienation guarantee system).