A Study On The Right Of Mortgage Sequence

With the development of market-oriented economy, financing needs is increasing. The right of mortgage also has a lot of development. Because of these needs of market, repetitive mortgage is come out. Repetitive mortgage is that set the number of mortgage on one subject to ensure the corresponding claims, collateral value of assets exceeds the value of assets because of repetitive mortgage. In this condition, the right of mortgage set in the back-end maybe not been full fulfiled.In order to achieve their debts, the creditors are bound to competitively fulfil their right of mortgage. In this process, if without rules, it must be generate transactions disorder. The right of mortgage sequence is a kind of right that can resolve the confusion problem. It is a kind lf right entity procedural right and a kind of property interest.The exist of repetitive mortgage is the theoretical basis of the right of mortgage sequence. most countries have recognized repetitive mortgage,Chinese law also has recognized this kind of mortgage.In civil law countries such as Germay, France, Switzerland Japan, there are detailed legal provisions about the right of mortgage sequence. For example, how to set,dispose the right, the result of these corresponding actions and so on.The right of mortgage sequence has its right holder,object of the right, and content of the right, but there are few rules in our country's "guarantee law" and "property law" about this right. Consummating the right of mortgage sequence to enrich and develop the mortgage system. Compared with these countries that have developed market economy and developed civil law,the law about right of mortgage sequence in our country have some imperfect part, such as lack of relevant legal system. The legal system is unified real estate registration system, Its lackless result in negative impact. There are also no specific provision about content of the right,trade of the right and their legal effects.Consummating the right of mortgage sequence is very helpful to enrich mortgage system.It will help market entity to meet their financing needs. Those will make our country's market-oriented economy developed more prosperty.