Research On The Regulation Of Mortgage According To Civil Law

Mortgage is a phrase which comes from the laws of Hong Kong into the mainland China, and it is one kind of real securities in British and American. In our country, mortgage appears firstly in real estate market, and then has been used in many fields. Because of lacking legal direction, the practices of mortgage are disordered very much, and the disputes of mortgage occur continuously. Legislators and academicians try to resolve the problems of mortgage in active law system of our country. But in our traditional real guarantee system, it is difficult to find a correct legal statue to suit mortgage, so establish a mortgage system in our country is necessary.Firstly, this thesis bases on investigating the practice of mortgage in our country, looks for the way of forming, and tries to establish the mortgage system in our country. Then, the thesis analyses theories of mortgage, corrects mistakes in the theory of Ownership and Security, and tries to explain the mortgager's right with expectant right. Last, the thesis gives some suggestions about the establishment of the legal system of mortgage in our country.