Studies On The Legal System Of Real Estate Mortgage

Mortgage is an old and important form of security for right of claim in civil and commercial activities, with the good name of "king of security". System of right to mortgage is the most important system of real rights for security in the modern civil law of most countries since Roman law; real estate mortgage is an important form of mortgage.Both General Principles of Civil Law and Law on Security of our country has stipulated the system of mortgage guarantee, which become the major sources of legal system of security in our country. The establishment of system of real estate mortgage is of great significance in safeguarding the creditor's lawful interests, promoting the achievement of transactions of real estate, defending the market credence. In the center of right to real estate mortgage, with the studying scope of real rights for security, standing in the foothold of the law in effect of our country, integrating with the civil law theory, with the reference to related studies and foreign legislative cases, this paper probes into the general characters of legal relationship of right to mortgage and individualism of legal relationship of real estate mortgage. Integrating with the theories and practices of mortgage guarantee, the writer probes into some major questions in the legislations of mortgage of our country, and analyzes the drawbacks in legislations, puts forward the suggestion to perfect our legislation of mortgage guarantee, and expects to be beneficial to perfecting our mortgage legislations in the future.