Study On Legal System Of Mortgage Security

Mortgage, as a kind of security, which was originated from the ancient security system of Fiducia in Roman law, had acquired development and maturity in Common Law. In the aspects of its content, there are basically no substantial differences in the security system between Common Law and Civil Law. In order to be adapted to the requirement of financing of Real Estate and Financial Market, mortgage security had obtained remarkable boosts in the Hong Kong's real estate. China's mainland has adopted such a kind of security system from Hong Kong so as to make up for insufficiency of residential purchasing power and activate the real estate during the reform of housing. To meet mainland currently legal system and the public psychology, China's related body has made some amendments to the Britain mortgage system; therefore, there are some substantial differences in the content and forms between the original mortgage system and China's one. Besides, up to day, China has no made the law in relation to mortgage system, which contradicts the tradition that property right should be provided by law. This paper will make some comparisons of mortgage system between western countries and China in the content of mortgage and legal quality, by the aids modem and ancient means, which definitely benefit the developments of mortgage guarantee and ongoing legal regulations.