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On The System Of Mortgage Sequence In China

Posted on:2007-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2166360212973123Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the rapid development of economy and technology, the modern society is experiencing a profound and complex change. The market prosperity and the developed transaction have also brought an innovation to the mortgage .The change of the social economy life calls for breaking through the traditional idea of the hypothec system, including the traditionally subordinate principle and the specific principle of it. Meanwhile , the independence and the negotiability of it has developed which enables the party to utilize the mortgage system to promote the normal transaction in the most wide range according to the actual situation , so as to realize the rational distribution of the benefit. But the real situation is that the resources as a object of the real right is limited, if the party want to exchange the benefit of the real right to gather the biggest benefit from the relative person , they should exchange the real right benefit with different people even for several times, (for example in an identical object, there may be existing several mortgages), which has decided that the real right often can not be established the only corresponding relation between the main body and the object, once the benefit of the object cannot satisfy the total value of the real right, different main body may enjoy the real right from an identical object . T hat's also why the problem I want solve exists. In the article , the author makes the sequence of the mortgage as a core, puts forward his own opinions about related problems on base of comprehensive examination over various points of view.
Keywords/Search Tags:mortgage, sequence, the principle of lawmaking, the theory of fixed sequence, the theory of promoted sequence
PDF Full Text Request
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