| When the norms of bona fide acquisition of ownership are applied mutatis mutandis to chattel mortgages, the norms constructed by judges have significant problems such as confusion in the pattern of constituent elements and inconsistency in the standard of these elements. Such issues also exist in theoretical researches. Since the norms applied did not take the characteristics of chattel mortgages into account, they fail to provide sufficient references for bona fide acquisition of chattel mortgages, and the method of simply adding or subtracting constituent elements cannot meet the needs in judicial practice. The norms on bona fide acquisition of chattel mortgages should be constructed in two stages. The first stage consists of prerequisite requirements, which include a valid mortgage contract and a valid principal claim, without either of which there is no need to proceed to the next stage. In the second stage, different from the ownership bona fide acquisition, a reasonable price is not a constituent element in chattel mortgages bona fide acquisition. To avoid the meaningless status in which the mortgagee cannot be against the owner due to the lack of registration, registration should also become as a constituent element. In addition, based on the differences in the legal basis conditions of different types of chattels, the criteria for determining their bona fide nature are different accordingly. The mortgagee of a special chattel can be deemed to be in good faith if he/she is unable to find any defects in the disposition right by both inquiring about it in the registry and examining its state of possession. As to the general chattel, a party can be deemed to be in good faith only if he/she remains unaware of the defects in the disposition right without gross negligence when the owner claims his rights or when the party claiming mortgage bona fide acquisition enforces the mortgage and possesses the chattels or applies to the court for seizure of the chattels. |
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