| Before discussing the various right conflicts and the solutions for balancing these conflicts within the mortgage on several immovables relation, we have to first understand the nature and other basic characteristics about mortgage on several immovables, which is the main content of the first part of this paper. Mortgage on several immovables is also called sum-up mortgage, which means to enact mortgage on two or more than two objects to guarantee one legal right. The system of Mortgage on several immovables has played a very important part in the modern economy life. Firstly, it accumulates the exchange value of objects to guarantee legal right, insuring the realization of the creditor's legal rights. Secondly, the existence of mortgage on several immovables, can disperse the danger of the mortgage objects, even individual object because of damage, put out to lose or other factor decrease value, can't satisfy guarantee when the legal right be subjected to Chang, mortgage power person still can from other mortgage thing top is liquidate, avoided mortgage power to end up in nothing of dangerous. It is thus clear that mortgage on several immovables power is very beneficial to mortgagee. Last but not least, mortgage on several immovables provides another kind possibility for the owners of many small scaled properties who hope to raise a loan of large-scale, and also develop new of path for many people who want to raise a loan large-scale.The second part mainly deals with the constitution of the conflicts of rights among the mortgage on several immovables relation. Although the mortgage on several immovables has outstanding advantages of function, the right conflicts rise because of the reasons that several mortgage objects, which may not belong to the same person, guarantee the same legal right and there probably exists other mortgage power on these objects. be various reason and result in mortgage on several immovables power of right conflict. Positive such as thank in whole Sir's words"mortgage on several immovables the power be current accumulation value and dispersion dangerous of function, in order to carry through this function, it will of course guarantee mortgage power person of freedom option, but it result again will result in behind order of sequence mortgage power person or mortgage thing owner of disadvantageous benefit."For balancing the benefits of this relation person, on lawmaking in all countries hence adopt various methods to give attention to both by strive for, so the creation be mortgage on several immovables power system of various type."It is thus clear that, this kind right conflict of creation and as to thinking it's solving a mechanism of is exactly mortgage on several immovables the system be perfect with development of motive source. The right conflicts are as follows: 1.together mortgage relation medium mortgage power person and the benefits conflict of the others. (1) The conflict between the mortgage on several immovablese and the guarantor. (2) The conflict between the mortgagee and the sequence mortgagee. A. conflicts in the realization of the mortgage power. B. conflicts in the mix and exterminate of the mortgage power. (3) The conflict of mortgagee and the buyer of the objects. 2, the conflict of the guarantor and others of the objects.(1)Guarantor on the thing and the sequence mortgagee.(2) guarantor and the debtor On the thing.(3) guarantor and the buyer of the objects.3, sequence mortgagee and the benefits conflict of the of others.(1)Together mortgage a relation in of the thing provide by debtor up of empress order of sequence mortgage power person and the thing provide by guarantor of the thing up of empress order of sequence mortgage the power person's benefits conflict. (2)Empress the order of sequence mortgage power a person and mortgage a thing to buy benefits conflict of be subjected to the person.Mortgage on several immovables is first a kind of special guarantee system, certainly have widespread characteristic of guarantee system, guarantee realization of legal right, be obligation overdue have never get compensate, assurance mortgage the power person's benefits be not damaged. Therefore first should make mortgage the power person's right to get most complete of protection, after this premise under also need to be give attention to both mortgage on several immovables thing ascend of order of sequence mortgage power person and thing top the guarantor's benefits, certainly should as far as possible make object exertive while measure these benefits it be the biggest of exchange value, can margin but promote development of society economy. This is basic principle to solve together mortgage medium right conflict problem, can't with sacrifice of mortgage the power person's benefits for price to exchange the balance of whole system. So the third and fourth part discussed three kinds of solution respectively.The third part" general rule for solving right conflict of mortgage on several immovables ";Fourth part " complementary rule for solving right conflict of mortgage on several immovables ".Aiming at solving the right conflicts of mortgage on several immovables, civil laws in all countries correspond of solving a mechanism, comprehensively, have the following main rules:General rule and complementary rule, among them general rule includes freedom option guarantee doctrine, partition doctrine and allotment doctrine; But complementary rule is from the angle of realization of asking for compensation to solve the right conflict of mortgage on several immovables.1. Freedom option guarantee doctrine: Mortgage on several immovables is guarantee a legal right by enactment of several mortgage power, in addition to the special agreement of the parties concerned have limit each mortgage the amount of money, the real estate may bear legal right of all amount of money.2. Partition doctrine and allotment doctrine: Mortgage on several immovables prior to the auction, the amount of collateral that the burden should be divided or limited, is called partition doctrine. Similarly, in the auction of mortgage on several immovables collateral, the collateral would only amount to be allocated a share of the claims, call it as allotment doctrine. Partition doctrine is established between the mortgagee and the mortgagor share of the collateral security. To the secured creditor, has been little correlation between the collateral; allotment doctrine is allocated in the common security of all mortgages in the realization of the right to share among security, interlocking relationship between the collateral. But partition doctrine and allotment doctrine in practice has its own limitations, how to adopt more favorable? This paper will be discussed in detail.Above are the legislation abroad of the general resolution rules of solving the conflicts common rights in mortgage on several immovables , in addition, there is a complementary rule for resolving added that is the application of claims.According to the request of mortgage on several immovables power realization of adjust doctrine, inevitably created various relations of asking for compensation in mortgage on several immovables. An unsecured claim is a common law remedy for the negative role of the right to choose freely. The law is to protect the right to choose freely of the mortgage on several immovablese. However, the only mortgage on several immovables given to the right to freedom of choice without the need to take remedial measures, Mortgages secured in the common man and common people of the collusion cases, mortgages are likely to lead the order after the interests of people. To prevent such things to happen, the law requires the claim. To a certain extent, after which the order may result in the collateral damage resulting right to be compensated. The author will explain respectively the role of the implementation of the power of claim in balancing the rights of mortgage on several immovables in the forms of examples.The fifth part mainly talks about the contradiction of rights of the parties and the solutions when the third party intervenes in the complicated relation of the mortgage on several immovables. Such conflicts which should be discussed are marginal compared to the focus of this paper, but considering the integrity of the system, they are discussed in the end.
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