Exploration On Mortgage Subject To Ceiling

In this article the author analyzes problems in the practice of mortgage subject to ceiling based on the knowledge of practice and theory through the means of comparison, science of interpretative law, economic analysis, etc.The article includes four parts, preface, introduction elaboration and conclusion. The preface refers to the purpose and significance by introducing the weakness in the legislation and judicial affairs of the mortgage subject to ceiling system. The introduction, Chapter 1 is the summary of the basic theory on the mortgage subject to ceiling system, including the history, conception, characteristics and significance of mortgage subject to ceiling. This part, especially studying on the period when the secured debt of mortgage subject to ceiling occurs and the subordinate status of mortgage subject to ceiling. The conclusion is that the period includes past, present and future; mortgage subject to ceiling has the feature of subordination. The elaboration including chapter 2 to chapter 4, is the detail studying on the mortgage subject to ceiling system. Chapter 2 analyzes two essential problems, one is the contract of the mortgage subject to ceiling and the other is the registration of the main debt contract. The chapter details the range of parties and credit, settlement term, registration and putting on file of the main debt contract. The author points out that the range of secured debt of mortgage subject to ceiling should not be limited and the significance of putting on file of the main debt contract. Chapter 3 studies on the effect of mortgage subject to ceiling, including the range of the effect and the modified effect. The chapter emphasizes on the standard of supreme quota of mortgage subject to ceiling and that is the capital of the secured debt of mortgage subject to ceiling, not the interest, contractual fine or others. The chapter also analyzes on the secured debt range, the supreme quota, settlement term modified, and the transference of mortgage subject to ceiling. Chapter 4 studies on the content, significance and reasons of establishment of mortgage subject to ceiling, especially analyzes the reasons. The author categorizes the reasons into three types-expiration of appointed settlement term, expiration of legal settlement term and creditor's claim, and respectively elaborates them. The author gives his own point of view to the main problems in the article and then analyzes it. The conclusion is to summarize the main points of view raised in the article.The author examines different points of view in the practice and summaries the logical relationship of establishment of mortgage subject to ceiling system in order to establish the whole system and fulfill the content of mortgage subject to ceiling system on the background of having no legislation on this subject in our country present. The author aims to save transactions cost, encourage and promote the efficiency of transaction in the market by cleaning up the confusing on the theory and practice of mortgage subject to ceiling system.