The Realization Of Mortgage

Mortgages realization is not only the main effect of mortgages,but also main rights of mortgagee, it directly related to the interest of both the mortgagor and mortgatee. At the same time, due to the nature of mortgages and mortgagors have the right of first refusal, it makes mortgage become the most common way of security. Therefore both the theory and practice, it will explore the value to study'Guarantee Law'in China established more perfect morgages system,which based on the relevant legislation from developed market economy .It has played a very important role in promoting Chinese market economic devdlopment. But as'Guarantee Law and'Code of Civil Procedure Law have less perfect convergence, so few people pay attention to all kinds of problems that exist in the exsiting law that are about mortgages realization. In practise, when morgagee wants to protect their rights through the unsecured creditors, they often find that existing legal system for the realization of the right to the collateral is not perfect. There are many obstacles to achieve spurred mortgage confused and unable to fully reflect all secured system. The paper attempts to discuss the defects and a number of important issues that exsit about mortgages realizations in the exsiting law and give some advice humbly about perfecting mortgage system in China and expect that it can be of benefit to perfecting China's mortgage system.In addition to preamble and conclusion. The paper totals four components.The Basic Theory Of Mortgages AchievementThe concept on mortgages, the viewpoint is not uniform between the national legislation and academia .There are large differences between the common law and civil law .China is now the law of the land. The author writes beginning with mortgages and its effectiveness .Then to expound the meaning, conditions, ways and means of the realization of the right. Mortgages in the paper is the meaning of the debtor or a third person that doesn't transfer possession as the conditions. For the realization of the secured claims sovereignty, it makes the creation of a security interest in real property. The debtor doesn't fufill obligations when it falls due, the creditor will enjoy priority that change the security price and the current rate of price. Mortgages realization of the right known as collateral, unsecured creditors who have reached the liquidation period, in which the debtor defaults, the collateral punishment, collateral priority secured claims action.Mortgages Order To AchieveMortgages essence is the right of first refusal. Mortgages security function is achieved by giving priority rights to mortgagors .However, the mortgages has relatives about the right of first refusal .For clarifyihg the status of collateral, the paper elaborated the relationship of mortgages and other security interests (including liens, quality, security and non-priority) and mentioned the principles who is priority when entanglement occurred.The Specific Problems To Achieve MortgagesThe article based in part on the'security law'of the page 54,55and 56. It made some specific analysis and discussions about comparing the same property to more than 2 outstanding unsecured creditors of the auction, the price derived from the sale of collateral liquidation order secured creditors issues. Transfer of state owned land as collateral security is the realization of the right issue .All of them have some pratical guidance.