On The Realization Of Mortgage

Hypothecation is the most important system of real ?right guaranteed of ?modern civil law since Roman law which be called " the king of guaranteed" .the realization of mortgage is a important tache of hypothecation and it ensure creditor to realize claim. Series of systems which investigate estate under mortgage liability represent the realization of mortgage that play an magnitude role in the mortgage system.However,in our courtry, there are still many defects till now in the study of .the realization of mortgage and ?some problems in ?legislation ?now.Thus ,this text choose .the realization of mortgage as the reserch object. There are four parts in total except introduction.The first part is the channal and the condition which realize hypothecation. This part in detail discussed two issues :the condition that realize hypothecation and the channel that realize hypothecation.In the part of the realization of hypothecation ,I stated that mortgagee realize hypothecation should comprise two ?condition: one is that hypothecation should be effective,the other is that principal debt do not pay off but period for performance of principal debts expire. In the part of the channel of realization of hypothecation,this text firstly discussed the two legislative modes about the channel of realization of hypothecation in many other coutries.Scondly,it discussed the deficiency the reparation of the mode of hypothecation,and put forward two method about how to realize hypothecation through mortgagee derectly apply the court to auction estate under mortagae. ?The scond part discussed the order of realization of hypothecation . And this part also discussed the order of realization of hypothecation when several rights of mortgage is created ?with the same estate.the principle about order of realiation include two parts.I divide the first part into 2 aspects:first,the order of realization of hypothecation about mortgagee which come into effect with registration.As for the contract of mortgage ?which subject to registering ,the realization of hypothecation discharge according to priority order that mortgage registers ?and the proportion of the creditor's ?right if the order is the same .Scondly,there are three cases about the realization of hypothecation ?which come into effect with opposit registration. ?If the contract of mortgage come into effect from the day of signing and mortgagee has registered ,the realization of hypothecation discharge according to priority order of estate under mortgage and proportion of claim if the order is the same .If the contract come into effect from the day of signing but hasnt registered,the realization of mortgage discharge according to priority when the contract come into effect.If the contract come into effect from the the day of signing with some litigant registered but others didnt,the registered mortgage is prior to which hasnt registeed.> > In the scond part it is mainly discussed that whether hypothec which order in behind can have location that be resen sequently when htpothec ?disappear.There are two kinds of legislative examples about this:the doctrine of regular order and the doctrine of promoted. Through the comparation of the two ?legislative example,I agree to the doctrine of promoted. ?The third part is the confliction and treatment of the realization of hypothec.In this part it discussed the force issue of various rights when hypothec and other real right guaranteeed are compatible at the same property.Hypothec'character is occupying without shifting,and the owner of the mortgagee still can occupy,use,and income to mortgage after setting up to hypothec,so it may produce confliction between hypothec and other real right guaranteed.When the conflict appear which right is priorer is very vague although it is regulated in the existing law and juricial explanation.This part include hypothec and pledge,hypothec and lien,hypothec and other things assure right,hypothec and priority coincidence . First, hypothec and pledge coincidence and deal with , wh...