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Academic Journal of Business & Management, 2022, 4(14); doi: 10.25236/AJBM.2022.041411.

The Normal-Operating Buyer’s Rule under the Interpretation Theory

Author(s)

Lvsifan Ge

Corresponding Author:
Lvsifan Ge
Affiliation(s)

School of Law, Anhui University of Finance and Economics, Bengbu, Anhui, 233000, China

Abstract

Article 404 of the Civil Code expands the scope of application of the normal operating buyer rule from floating mortgage to movable property mortgage, which has the legitimacy to promote the benign development of commercial transactions, protect reasonable trust, and take into account the interests of all parties. This rule applies preferentially to the general rule of free transfer of mortgaged property in the field of movable property mortgage, which is generally not affected by an agreement restricting or prohibiting the transfer. In order to ensure the fair application of the rules, the "normal business activities" should be interpreted in a limited manner, and the applicable conditions for "reasonable price paid" and "acquisition of mortgaged property" should be analyzed in detail, so as to avoid the indefinite expansion of the scope of application of the rules and exclude the buyer's good faith from the applicable elements. The normal-operation buyer's rule protects the buyer's ownership by blocking the recovery and effect of the mortgage right as consideration, and should give the mortgagee a remedy for the subrogation right in the price.

Keywords

Normal business activities; Mortgage of movable property; Pursuit and effectiveness

Cite This Paper

Lvsifan Ge. The Normal-Operating Buyer’s Rule under the Interpretation Theory. Academic Journal of Business & Management (2022) Vol. 4, Issue 14: 65-73. https://doi.org/10.25236/AJBM.2022.041411.

References

[1] Song Qingyu. On the "Normal Operation Buyer Rules" in the Transfer of Movable Property Collateral: Taking Article 404 of the Civil Code as the Entry Point[J].Journal of Jilin Business and Technology College, 2021(04).103-107.

[2] Wang Liming. On the rules of normal business buyers [J], Oriental Law, 2021(04).93-106.

[3] Chen Pengcheng. On the Application of the Normal Operating Buyer Rule [J]. Journal of Chizhou University, 2021(05).14-18.

[4] Wang Qi. On the Impact of mortgage property transfer on mortgage rights: From the perspective of the coordinated application of Article 403, 404, 406 of the Civil Code[J].Journal of Beijing University of Aeronautics and Astronautics(Social Sciences Edition), 2020(5).1-10.

[5] Gao Shengping. Interpretation of the Antagonistic Rules for the Registration of Security Rights in Movable Property in the Civil Code [J]. Peking University Law Journal, 2020(04).951-972.

[6] Pan Qi. The United States Uniform Commercial Code [M]. Beijing: Law Press﹒China, 2018.5-6.

[7] Zhong Wei. The Interpretation and Improvement of my country's Floating Mortgage System under the Background of Civil Code Compilation [J]. Social Sciences in Guangdong, 2018(4).232-238

[8] Liu Jingyuan. The Development of Movable Property Security in the Civil Code and Its Legal Application [J].The Jurist, 2021(01).55-67.

[9] Gao Shengping, YE Dongying. Interpretation of the Rules for the Transfer of Movable Property Collateral in the Civil Code [J]. Journal of Comparative Law, 2020(04).78-90.

[10] Huang Wei. Interpretation of the Property Rights Compilation of the Civil Code of the People's Republic of China [M]. Beijing: China Legal Publishing House, 2020.683-684.