Author(s)

Linqi Li, Yuanyuan Shen

Corresponding Author

Linqi Li

ABSTRACT

In realizing security interests cases, the eligible applicants are the key to the people’s court’s filing. The Civil Procedure Law and Judicial Interpretation of Civil Procedure Law did not clear whether the unregistered chattel mortgagee belongs to the eligible applicant for realizing security interests, and the unregistered chattel mortgage lacks the credibility of the registration system, which makes the academic circles have different views on it. The unregistered chattel mortgagee belongs to the eligible applicant for realizing security interests cases, because the rules on the realization of mortgage in the Property Law did not distinguish between chattel mortgage and real estate mortgage, the existence of substantive disputes is allowed in the application of non-litigation procedures, and it can be supported by comparative law.

KEYWORDS

Security interests cases, Chattel mortgage, Register, Applicant, Eligible