Making A Thorough Inquiry On Common-mortgage Law And System

Joint mortgage system is a special guaranty. It has the function of accumulating a lot of property' s value to guarantee the creditor' s rights to be discharged and dispersing risk of mortgages. Joint mortgage system can offer the suitable guarantee to creditor on one hand, it can also remedy the weakness that the value of the small property is low , on the other hand. This mortgage has function of promoting the circulation of the fund and the commodities; it ensures the realization of creditor' s rights. The joint mortgage system makes this function more outstanding to a certain extent. Because the joint mortgage system can remedy the inherent defect of the general mortgage and can more effective to realize the purpose of protecting creditor's rights. So, this system is established by the civil laws of a lot of countries since modern times, such as article 1132 of "Civil Code of Germany ", article 392 of "Civil Code of Japan ", article 798 of "Civil Code of Swiss ", article 875 of current codes of Taiwan, etc.. Seeing that mortgages exist in a large amount in practice, and play an important role in the economic life, therefore it is really necessary to stipulate this system. Our civil code has not stipulated the joint mortgage system, it is unable to solve the dispute that taking place. So, it is necessary to use foreign advanced legislative experience for reference, set up and improve joint mortgage system of our country.Although the function of the joint mortgage system has outstanding advantages, because it assures the same creditor's rights with several things, and the things may not belong to the same person or the other mortgage exists on the same things, this system involves a lot of parties' interests. It makes the realization of the mortgage becomes the difficult point of the joint mortgage system. As to this, various countries have adopted different legislative examples to stipulate.This thesis will consult the legislation, theory and practice about the joint mortgage system in various countries, from such respects as the characteristic, nature, effect of this mortgage, etc., probe into and study to this mortgage. The thesis divides into three parts: First part narrate the concept and characteristic of the joint mortgage system. Second part probes into the nature of the joint mortgage system. Third part aims at studying the effect of the joint mortgage system. Draw lessons from the foreign legislative example theory and legal precedent, separately analyze such questions as the mortgagee' s right to choose, the third person' s subrogation, and the following order mortgagee' s subrogation etc. And put forward the suggestion on the construction and completion of our country' s joint mortgage system.