Article 404 of the Civil Code of the People's Republic of China (hereinafter referred to as the Civil Code) contains the "normal Business buyer Rules" is of great significance. Its purpose is to protect the security of transactions, optimize the business environment, improve the efficiency of transactions, and promote the circulation of goods. In terms of theoretical disputes, some scholars deny the reform of its expansion from floating mortgage to chattel mortgage, and believe that the rule shocks the foundation of the chattel mortgage system, while others explain the rationality of the restricted chattel which is not subject to mortgage pursuit and the rules. The legal basis is the consent of the legal presumption when the mortgagee is silent. The constituent elements include chattel mortgage, normal business activities, payment of reasonable price, acquisition of mortgaged property and good faith of the buyer. In terms of legal effect, excluding the effect of the mortgage right, the mortgagee may request the mortgagor to pay off in advance or deposit the transfer price, and may claim the liability for breach of contract when it is prohibited. In terms of the burden of proof, the buyer shall bear the normal business activities, the payment of reasonable price and the acquisition of the mortgaged property, and the rule of presumption of good faith shall apply to the good faith judgment, and the person who is not in good faith shall provide evidence.
normal operation of the buyer; transfer of mortgaged property; chattel mortgage
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