The chattel mortgage, provisional registration of collateral law does not apply. So it has
been recognized in the agreement on possession. Supreme court ruling, it is taken
differently depending on personal property has not been applied provisional re...
The chattel mortgage, provisional registration of collateral law does not apply. So it has
been recognized in the agreement on possession. Supreme court ruling, it is taken
differently depending on personal property has not been applied provisional registration
of collateral law the legal structure of transfer collateral. Therefore such a case,
depending on whether the application of the rovisional registration of collateral law of
the transfer collateral, legal of the parties change. There is a problem with even
personal security trading practices by Act on Security over movable property, claims,
etc, problems such as this complicates the legal transfer of collateral.
The problem is that it defines a scheme that is able to limit the registration of Act on
Security over movable property, claims, etc. This is a problem when the chattel
mortgage that has been registered by applying Act on Security over movable property,
claims, etc and transfer collateral to apply the trust transfer theory basis of the
Supreme Court. However, the trust transfer theory basis of supreme court, personal
security rights set later than the transfer collateral rights that have been established
first becomes invalid. And if you have set the transfer security interest since the
establishment of chattel mortgage, transfer secured party is a problem and so as to
good faith take ownership without the burden of personal security rights. In addition,
there has been criticism position becomes unstable even after registration act of personal
security holder, is that it requires no action by Act on Security over movable property,
claims, etc.
Transfer collateral setting, must the collateral registered under Act on Security over
movable property, claims, etc. However, it is not the transfer of ownership is transferred
is secured. Therefore, it can be configured in a manner lien transfer collateral contract
can be matched to the will of the parties. If the collateral assignment is set to double,
the problem of determining the priority needs to be determined based on the before and
after the transfer lien satisfied. Prior to the enforcement of criminal law, precedents of
the Supreme Court had taken the trust basis transfer theory, but by the criminal law,
constitute a lien basis this, this was the theory configuration in the case where the law
is applied it can be judged from the fact. In conclusion, the transfer collateral agreement, because it is the funding through a loan collateral, the legal structure of the
chattel mortgage, it should be determined based on the intention of the transfer
collateral contracting parties.