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On The Order Of Mortgage

Posted on:2004-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:J S TanFull Text:PDF
GTID:2156360122970138Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Market economy is capital economy. Entities in market frequently set up two or more guaranty on their properties in order to extend approaches and strengthen capacity to get finance. As a result, there will have two or more mortgages coexistently on the same estate or on the same value of such estate. When the two or more mortgages which are all priority rights coexist on the same estate and its actual value after being saled can't satisfy the all creditor's claims, the validity of these mortgages will conflict among them, under such circumstances, which mortgage should be prior to the others? The answer to this question would be directly relevant to whether the mortgaged debt will be paid or not and in what extent. Therefore, the priority sequence among the multiple mortgages affects greatly the intrests of mortgages. Making mortgage as a core, basing on the jurisprudence of public jus in rem, considering related social policy, depending on circumstances of China's present legal system, in contact with related foreign legislations, the paper makes an analysis on the order among multiple mortgages, between mortgage and the other priority rights as they coexist. In the context, the author put forward his own opinions about related problems on base of comprehensive examination over various points of view.
Keywords/Search Tags:Real rights for security, Coexistence, Order, The circumstances of China's present legal system
PDF Full Text Request
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