The Conflicts And Equity Of Rights In The Realization Of Real Estate Mortgage Right

With the development of China's market economy, real estate mortgage has gradually become an important means of financing. in order to maximize the economic effectiveness of materials, market players often set mortgage rights ,leasing rights, pawning rights etc in the same real estate, which resulting in the emergence of the conflicts of rights. Balance the benefits of different parties, which is of great importance to maintain the security of market trade and stability of economic order. China's current legislation has many problems, it couldn't adapt to the need of practice. In view of this, the paper chooses the conflicts and equity in the realization of real estate mortgage right to study, which has great importance of theory and practice.The first part discusses the conflicts between the real estate mortgage and real estate mortgage. The author points that we should be in accordance with the principles of pre- register and the same time, the same order. Mean while, due to the existing legislation on repetitive mortgages and mortgage-related issues to achieve the order does not specify that it should improve the relevant legislation, explicitly affirm the effectiveness of repetitive mortgage and determine the principles of fixed order.The second part is about the conflicts of real right for usufruct and real estate mortgage. The author mainly analyzes land-use rights and pawning rights. When real estate mortgage compete with land-use right, the former has the effectiveness of priority, legislation should not only recognized that the house and land mortgage at the same time, and also admit them mortgage respectively. When real estate mortgage right competing with the pawning right, it should be distinguished from the specific circumstances, and In accordance with the principle of set up earlier, right prior.The third part discusses the mortgage right, tax priority, construction price priority established on the same real estate. The author points out that it should be in accordance with the principle of set up earlier, right prior to decide the order and establish a statutory payment period of tax revenue as the date which priority produced; when the real estate mortgage and construction price priority exist at the same time, the author analyzes the latter is prior. And put forward recommendations to improve the system.Part IV, the author analyzes the leasing right has the nature of property. When real estate mortgage conflict with the leasing right, rent before, and then mortgage, according to the principle of purchase is subject to existing leases, leasing right is prior. Mortgage before, and then rent, mortgage is prior. The lessee of the pre-emptive rights and the realization of the mortgage right don't conflict.The last part analyzes the conflicts and equity between the mortgage right of building under construction and the right of persons who buy houses, mortgage before, and then sale, according to the regulation of property law, the two rights don't conflict. sale before, and then mortgage, then according to the regulation of pre-register and the principle of set up earlier, right prior and register prior to non-register.