A Study On The Mortgage Of Titleholder

The traditional connotation for guarantee law lies in achieving of creditors'interest, so does mortgage which exists as a kind of security interest. However, the function for prompting investment and solicitation of establishment of debt is required urgently when the traditional function is still available simultaneity. Accordance to review of evolution of law system and law thinking, in country with advanced law in such field, The conclusion that establishment of mortgage of titleholder conduced to evolvement of mortgage from the traditional to the advanced ,and were beneficial to system requirement by economic development can be drawn . Compared law system in Germany and Switzerland, the provision concerning to mortgage of titleholder can be acknowledged. Based on the conclusion foregoing, the noumenon of mortgage of titleholder has been excogitated. Thus, the conception of mortgage of titleholder, sort, and premise of system concerned and premise of theory concerned are comprehended clearly. Based on the analyses foregoing, the conclusion insisted by me is the system of mortgage of titleholder should be established. Considering to legal habit, legal culture, I persist to the Jacobinical comparatively system which embodies fictitious credit and real credit is necessary. At the end of the text, this chapter deliveries opinion considering some hot issue during the process of establishment of mortgage of titleholder, combining the foregoing conclusion drawn and realistic condition . This dissertation comprises 4 chapters, totaling nearly 44,000 words. Chapter 1 tracks down the evolution of connotation for guarantee law and impact fetched. In this chapter, the process of evolution from Roman law to French law and Germany law is presented. Through such process, we found out the connotation of save debt from damage is accommodated to the economic condition thereof. With development of economic, the orientation of connotation transfer from function of saving debt to promoting investment. Thus, the mortgage of titleholder established in German, Switzerland, and so on. Chapter 2 puts up study of comparative law aiming to mortgage of titleholder. Through reviewing the system concerned stipulated in law of German and French, the concept, sort of mortgage of titleholder and other system being contingent can be aware clearly. Chapter 3 deals with the noumenon of mortgage of titleholder. From academic point of view, this chapter analyzed the concept, sort of mortgage of titleholder and other premise for establishment of such mortgage. Furthermore, this chapter mentioned that the academic conclusion can not be exercise directly because of its character of academic. Chapter 4 focuses on the establishment of mortgage of titleholder in our country. This chapter engages to demonstrate the essentiality for establishment of mortgage of titleholder in our country. Accordance to look back the course of legislation, we can draw a conclusion that the legislation is behindhand, although achievement is clearly too. It runs short for being lack of mortgage of titleholder in "Law of Property"(draft).Finally, the chapter deliveries a tentative analysis on some hot issues during the process of establishment of mortgage of titleholder.