The Realization Of Mortgage

The objective to set mortgages is to ensure the repayment of debt, so the realization of the mortgage is the final link of secured mortgage function, the main effect of mortgages, also is the most important right of the mortgagee. Because the existing legislation of security system of our country is still in a rough, and there are a lot of the misconduct, which impact the effectiveness of the security system. Taking into account mortgage guarantee system in modern economic life, and the issues of China's current judicial practice, the author has chosen the realization of the mortgage as the thesis topic. From the perspective of our existing "security" legal provisions and practice, I explore a number of issues on the realization of the right to a mortgage, with a view to improving our future security legislation.This paper is divided into six parts: the first part is the prerequisite for the realization of the mortgage issues, which include the concept and nature of the mortgage and the means of the setting and publicity of mortgage. For the mortgages creation, our country applies registration of the main force, supplemented by registration of confrontation.The second part, dealing with a mortgage of the basic theory, includes the concept, the conditions and the means of the realization of the mortgage. The model of the realization of mortgage in our country is the subject of protectionism and self-help, which notes that the realization of the mortgage has two means, agreements and litigation.The third part discusses the scope of a mortgage, including mortgages secured and unsecured creditors the right to reach the scope of the subject matter of the scope.The forth part discusses the realization order of the mortgage right. For the concept of mortgages order, there are two models in international legislation, the fixed order and the progressive order. How to achieve mortgages, when mortgages and ordinary mortgages, the right quality, liens, leasing are survival in the same time? It should be identified in sequence in accordance with whether the mortgage is registered or not and the sequence in which other rights are set.The fifth part discusses several special realization of mortgage, including the realization of the maximum mortgage, the realization of the right to achieve common security, the realization of the right of floating mortgages.The sixth part discusses on the deficiencies and improvements in the mortgage system. There are three deficiencies. First, the debt to the expiry, it is unnecessary for the realization of the mortgage when the creditor is not liquidated. The two sides should be allowed to agree to the other conditions for the realization of the right. Second, it costs too much for the realization of the mortgage. The mortgagee should be allowed to apply to the court for the auction of guarantee the directly, without going through a lengthy and complicated litigation. Third, the two sides should be allowed to discount the means of the realization of the mortgage, besides the auction, the sale of guaranty, for example, the introduction of compulsory management application.