On The Mortgage Cist-position

Because the mortgage establishment take does not shift holding as its distinct characteristic, therefore the owner of the mortgage thing may freely use and even punishment mortgage thing, then on identical mortgage thing possibly coexists many mortgages, "a number detains" the phenomenon namely to avoid with difficulty. How coordinates between the mortgage relations which on identical mortgage thing here coexists, the realization efficiency and the value maximization becomes legal the natural duty, however our country present "Guarantee Law" the correlation stipulation far cannot meet the economical reality need actually. In order to make up present legal the insufficiency, the realization "a number detains" under the situation fairly with the efficiency harmonious unification, this article carries on the discussion to the mortgage cist-position question, has a benefit by the time in the legal practice. The full text altogether divides into four chapters besides the introduction part, each chapter of main content as follows:First chapter mainly carries on the concise on the mortgage cist-position system statement, altogether has covered two questions: First is the discussion has the premise repetition mortgage system and its the rationality as the cist-position system. The repetition mortgage is stipulates the cist-position system the logical premise, but our country guarantees the law but to give stemming from the stable economy order consideration to deny decidedly, not only violates the mortgage the legal principle theory of law foundation, moreover does not favor the realization effectiveness the maximization, thus this article proposed the suitable limit, full use way; Second is introduced the legal rule cist-position and the cist-position power necessity as well as the cist-position nature, emphasized specially it has the economic value, may act the financing method in the economic life the characteristic.Second chapter main discussion mortgage cist-position definite rule. Because the cist-position determined the rule shows the system close correlation, thus the discussion cist-position determined the rule also must carry out official duties shows the system to obtain. Based on this, this chapter first analyzed the various countries' present three kinds male to show the system the advantages success and failure,...