| 英文摘要 |
The structure of property laws is similar, while the styles are very different. Real estate mortgages in some jurisdictions are property rights; in some, contractual rights; and in some, neither. This demonstrates that styles in property laws are different. The nature of property right is the right to exclude, in remness, and running with assets - this is the common structure in property law. As real estate mortgages contain these three essential elements, they are typical property rights. Accessory relationship is not important for the purpose of ascertaining the nature of real estate mortgages. Applying the same analytical framework, this article contends that chattel mortgages are also typical property rights. This article also exposes the flaws of the current practice of chattel mortgage registration. |
