Analysis Of Real Estate Mortgage Content Brief

Accompanying the issuing and execution of Guarantee Law and its judicial interpretations, the Real Estate Mortgage Guarantee system of China has been improved day by day. But there are still some unsettled disputations left in our judicial practice. Based on some related theories of Civil Law as well as those practices in the fields of legislature and judicature, this article probes into the hot points in Real Estate Mortgage Guarantee system of China and tries to provide some analyses and suggestions to these problems. Apart from the foreword, this article is divided into four parts:Part I: In this part, the author first offers the illustration of some fundamental conceptions, then discusses the distinction between chattel mortgage and real estate mortgage and, with research into ancient and modern mortgage guarantee systems of the continental laws system, finally make an attempt to provide some helpful examples to our current mortgage guarantee system.Part II: The focus of this part is mainly upon some weak points of the current Real Estate Mortgage Guarantee system of China. For example: Since there are too many ruling departments and without a united procedure, it's hardly to provide safety guarantee for trading activities; there is an overlapping risk on the object in a real estate mortgage guarantee case; the character of the underlying indemnity right of a building-project constructor remains uncertain, and also there is no regulation on a possible effect collision between real estate mortgage guarantee and in-building housemortgage; There is still no legal clause on the point that whether it is possible for a rural villager' house to become the object of mortgage guarantee.Part III: this part mainly analyzes and explores the following questions in real estate mortgage: the limitation of rights in the selling of a private house with a mortgage guarantee; Equitable Mortgage; the legal analysis of urban real estate mortgage; the collision and harmonization of real estate mortgage and leasehold.Part IV: In this part, the author offers some detailed personal thoughts and legislature suggestions which aim to improve the real estate mortgage guarantee system of China. It's the author's most anxious expectation that she could contribute her share to the cause of setting up a scientific, completed and practical real estate mortgage guarantee system of China.