The Inquiry Into Our Country's Mortgage System

Mortgage refers to the real right for security that its content is the priority of clearing off debts, and it's not formed by possession of subject matter by the guarantor according to the parties' engagement. The mortgage that is the main in guaranteeing the real right is the most commonly used in guarantee method of obligation. The reason it is called "The king of guarantee " is that it has convenience for both creditor and debtor. In the respect of debtor, the mortgage is an important method to get funds, the debtor can use it and get profits from it but the ownership will not be transferred .In the respect of creditor, it is an investment method that is often utilized. The guarantee Law definitely stipulates the establishment, effect and enforcement of guarantee. Undoubtedly the issue and implement of it greatly perfect the guarantee legal system of our country and enormously promote the development of market economy Its effects on the economic construction the people's life become more and more important. However, thorough the comprehension on the practical circumstances the author deeply feels the implement of a law need adaptive policy, economic circumstances and legal measure as the safeguards. This article is divided into three parts. In the first part, the analysis on the legislation of mortgage, it perspected the situation and defects of the legislation of mortgage both in the two law families and in our country. The second part is about the basic theory of mortgage. It has set forth the author's understanding and viewpoint on the theory of mortgage . The third part is about several problems in the practice of mortgage. The author demonstrates the viewpoint aboutthe registration system of mortgage, the remortgage and the real estate mortgage combining the practical work and posing the drawbacks and solving ways of the mortgage legislation. The author hopes to do something on improving the mortgage legal system of our country with the meager knowledge and the juristic person's strong responsibility. I wonder whether I can...