On The Legal Protection Of The Pledge Of Rights To Real Estate's Benefit In The Context Of Property Law

Either from the perspective of attribution of the right or from the perspective of practical manipulation, pledge of rights to real estate's benefit is an important type of the pledge of right with independent value. However, on one hand current legislation has not entitled the pledge of rights to real estate's benefit to deserved position. This situation leads to the continual difficult survival of various pledges of rights to real estate's benefit under the circumstance of the general articles of Property Law and Assurance Law. On the other hand, presently the pledge of rights to real estate's benefit has already become an important kind of guarantee measures about financial liability gradually, and drawn great attention of banking and judicial practical domain. As the pledge object of rights to real estate's benefit, its expanding development in practice as a kind of financial guarantee measures confused financial practical domain which urgently demands legislation and operation on the choice of legal system and practical design.In order to accommodate to the constant changes of the social demands, all kinds of developed and mature pledges of rights to real estate's benefit shall be stipulated in some laws and regulations promptly, and detailed regulation about establishment, registration, entrance into force, promulgation and realization of the pledge of rights to real estate's benefit shall be formulated, innovation of nongovernment finance on rights shall be affirmed, which will facilitate the financial function of rights to real estate's benefit and finally accelerate the development of social economy.