On The Determination Of Legal Liability When The Anti-guaranty Right Is Not Registered

In recent years,with the rapid development of the economy,China has stride into the new era,and the civil nature of the Guarantee Corporation has sprung up like bamboo shoots after the rain.Guarantee Corporation in stimulating China's economic prosperity but also increase the market disputes,and the law has lagged behind,although China in the "property law" to determine the mortgage unregistered mortgage contract does not affect the validity of the judicial remedy,but for the mortgage contract is effective mortgage unregistered way "guarantee law" and "property law" is not clearly defined,so the adverse consequences of social injustice and waste of judicial resources.As the most secured real estate mortgage guarantee,if the effective mortgage right of mortgage contract is not registered,it is generally necessary to seek relief from the perspective of creditor's right breach,because a lawsuit can only be based on a legal fact.But further study the introduction of the new "property law" will force the establishment of the mortgage and the mortgage contract provisions for phase separation,according to the effective mortgage contract that the mortgagor to assume responsibility for security demands in the trial is rejected across the board ",or guide them to change the collateral value of limited liability the claim is more reasonable,in this paper the author tries boldly from two aspects of creditor's rights and property rights,were analyzed according to the nature of the mortgage contract and the mortgage registration is not the responsibility etc,with convenient and efficient judicial spirit of the mortgage contract is effective not mortgage registration procedure put forward a bold view and suggestions of their own,in order to provide reference for readers.