Research On Some Problems In Effect Of Mortgages

Effect of mortgage is the core of the mortgage system. Its great research value is self-evident.If not registered, the general interest is not under the scope of mortgages secured claims in real estate, while in moveable, it is under the scope of mortgages secured claims, but not against a third p person in good faith. Delay interest, though parties elid not agree and they did not register, is still under the scope of mortgages secured claims.Fine for breach of contract should be specified as the range of mortgage assurance in the mortgage contract and should be registered for validity. Meanwhile, the client's assumpsit for breach of the agreement shall not exceed the maximum legal limit. Damages should be limited to the interest of delay and fine for breach of contract.Once the mortgage be set, the new increasing material should not be mortgaged, but can also be auctioned. People who have the right of mortgage can still receive the fruits even if they did not notify the mortgagee, but can not against the third party with good faith. When there are more than two mortgages, the pinnacle of fixation and sequence can both be chose, which to choose relies on the legislative policy. Repeat collecteral should be legally permitted chattel mortgage and chattel mortgage can coexist harmoniously in one object, but should obey the rule of "first in time, first in right." Chattel mortgage without registeration, exists as a real right one hand and is showing a great deal of relativity on the other hand. It priorities right are:â‘ prior to creditor's rights;â‘¡prior to the mortgages established afterward without registeration;â‘¢prior to the property established afterwards and has been transferred without elelivery;â‘£prior to the tenancy. Their relative priorities are:â‘ prior claim on property;â‘¡prior claim on the pledge of right.Registered chattel mortgage can resistant the following parties:â‘ collateral assignee;â‘¡Second-place pledgee. Its registration period is the valid period of the chattel mortgage. Registeration at the same time has exception:â‘ effect lien priority;â‘¡the priority of the pledge of right established in advance.Chattel Mortgage is completely consistent with the legal basis of goodwill: the possession' s strength and credibility. What should be noted is the need to produce collateral in the ownership and use certificate Mortgages were not found in accordance with reasonable diligence and has real presence, mortgages will be able to obtain the mortgage with goodwill. In addition, the chattel mortgage acquired with good faith should be registered to get the effect of confrontation.