The Coordination Of The Conflict About Interest During Transfer Of Collateral

The mortgaged property transfer legal relationship will relate to the mortgagee and the mortgagor and aliened tripartite benefit. They have different value pursuit, the mutual interests because the transferring of the mortgaged property will collisions. This paper mainly divided into four chapters in the mortgaged property transfer to inspect the interests of all parties of conflict and coordination problems.The first chapter basically analyzes a mortgagor and a mortgagee, benefit conflicts between the assignee. The mortgagee's claims the creditor, the mortgage right relationship is to ensure creditor set in when debtor nonperformance debt preferred payments from the right. The creditor self-realization is the value of the mortgaged property creditor pursuit, is to ensure that the value of the important way to realize creditor's rights. Though the mortgagor in pawn, but its still set hypothec shall enjoy the ownership of the mortgaged property, of mortgages in fact to the sanctions or the law. To the assignee speaking, in the mortgaged property transfer law relationships, he enjoys the trading behavior through normal to acquire property of freedom. Its and the mortgagor transaction is the embodiment of the property he gained freedom.The second chapter basically introduces world about the provisions of the mortgaged property transfer system. Real estate collateral transfer and the interests of all parties security question has been the focus in our civil law legislation. For this problem, lawmaker's legislation thinking and legislation technology has experienced several different changes. And every change worth our deeply thinking, and inspire our ongoing system innovation to better solve the mortgaged property transfer problems. Our lawmakers in the mortgaged property transfer problem real attitude experience strictly limit--relatively free--strict change, of course, also can see real estate the mortgagee interests to protect efforts. But whether the legislation technologies adopted by the realization of arrange or actual purpose seems unable to achieve the optimal clear.Other countries in the world about the mortgaged property transfer system also have made the detailed rules. Germany by establishing hypothec establishment registration system to guarantee the mortgaged property transfer ownership clarity. Japan admits mortgage chase and the effect, admitted price gold, to guarantee that a SAN mortgagee interests; Also gave the transferee right proper balance independence interests conflict. French admit chase and the effect of the mortgagee interests safeguard, also give the assignee to right the independence of interests between proper balance unevenly distributed. Switzerland is detailed regulations the aliened independence right system.The third chapter analysis the third chapter in the transfer of the mortgaged property interests coordination mechanism. Among them the mortgagee benefit protection mechanism mainly including price gold referring to a system that, chase and system, increase the guarantee system, etc. For the mechanism of the mortgagor benefit protection system of main mortgage-backed securities. For the assignee benefit protection mechanism mainly have traded defect warranty, the independence right system, etc.The fourth chapter we mainly discussed the mortgaged property transfer in China in the construction of interest coordination mechanism with perfect problem. The world of the mortgaged property transfer legislation differences and conflicts is essentially involved in the transfer of the mortgaged property value conflicts and parties at the law of conflict of interest to balance the choice results. How to coordinate the pawn the assignment of the interests of all parties and all sorts of legal value is the lawmaking bounded and practice always discuss and concerns, this to perfect our country hypothec system, maintaining trade security and promote economic prosperity also has the vital role. China should establish a kind of to chase and the effect as the foundation, the price gold for leading, referring to a thing for supplementary independence right system, in order to the mortgaged property transfer system coordination in the interests of all parties the mortgaged property transfer with the interests of all parties, bailed out maintenance and the realization.