Studies On Maximum Mortgage Issue

As a special mortgage system,maximum mortgage is born to fit for the financing needs, making up deficiency of common right to mortgage. In some countries with highly developed commodity economy, such as Japan, utilizing rate of maximum mortgage is far exceeding the one of common right to mortgage. With China's rapid economic development and continuous mature financial market, the maximum mortgage is playing an increasingly important role in our economic life. But China's "warranty law" provisions of the maximum mortgage system are, not only too principle, but also simplistic, and not fit for economic entities to provide comprehensive warranty system. There are even some of the contents that run directly against the rights of mortgage general principal. There are not necessarily conducive to the maximum mortgage, so that the normal functioning and effective use brought the judicial practice various troubles. Respecting maximum mortgage system, mature legislation in foreign countries can be used for reference. Now scholars in China also pay more attention to the theory of maximum mortgage. The author compares and analyzes provisions of laws between China and other countries through referring to other countries'legislation and theory achievement in our country, pointing out deficiency of legislation about maximum mortgage in China. The author is seeking which provision of other countries law shall be consulted and introduced to our country and which shall not, expecting to perfect our mortgage warranty law.Besides preface and epilogue,the text is divided into four parts discussing maximum mortgage issues:In partâ… , starting from growing and developing of it,the author expounds the value and features of maximum mortgage, analyzes the function and character of maximum mortgage, and indicates maximum mortgage can realize efficiency value of economy and law. It can bring on circulate function of commodity and bear abating appurtenant and specific nature. Specific nature is an important character of maximum mortgage system clearly. Maximum amount and date of final accounts shall be stated clearly in mortgage contract.Partâ…¡studys the maximum mortgage for the establishment and the scope of creditor's rights guaranteed by maximum mortgage. This section provides a detailed analysis of the maximum mortgages established objectives, the establishment of the elements and the establishment of the special elements that should guarantee maximum. Maximum mortgage can legally be constituted and play its due role, it should be strictly limited to the setting standards of the maximum mortgage, for that there is no right of defects. In the maximum mortgage application, our "warranty law" provides only two types of contracts that could establish maximum mortgages, which...