Research On The Mortgage Registration

Mortgage is the authority for the creditors who must pay off his claim priority, but do not transfer the real property or others for the debtor or a third possession.抵Mortgage registration is the mortgager provides the fact to the law relevant department, which is recorded the fact of mortgage for certain matters. This article is divided into three parts to discuss the mortgage registration system.The first part is the basic outline focus on the mortgage registration system. The most import authority for the mortgager is they can control the exchange value of the mortgage property and get paid priory. A non-dominated possession for their own material is very difficult, because the mortgage assurance does not transfer the possession of the property, mortgage possession domination is very weak if the property is not possessed, and there must be protected laws accordingly in order not to make the mortgager right fail. For the safeguard of the transactions security, it should be present out in a way that the mortgage was occurred, that is to let the public know there is a fact that mortgage. There is foundation of mortgage registration system set up.In fact, there is controversy of the registration between public law and private law. There are five functions of the mortgage registration end to the dispute, to determine property ownership; safeguard the security, to protect the bona third possession; information transparency, to warn the transaction risk; reduce transaction costs, to promote circulation and strengthen the property market regulatory control, and transformation of government functions. "Property Law" determines the area of the mortgage property which can be mortgaged and cannot be mortgaged. As a property mortgage, it has the property attributes, changes in mortgage property cannot do without changes of the core of course. The Basic Principle is the principle of law demonstrated the technical effectiveness of the existing property's unique basis. Based on this, the paper introduce the law demonstrated the technical effectiveness from the concept, origin, application and efficiency. The way to publicize for real property is registration, but for movable property is delivering. If you trust the parties, even though the registration or delivery of the performance of state property and real property do not conform to state, you can not affect the validity of property movements, embodying the principle of publicity credibility. The second part, in-depth discusses the legal issues of the mortgage registration system. The effect of the Registration mortgage is the focus of this article, the redistricted mortgage, pay according to the order of registration, if the order is the same, pay according to the proportion of debt settlement; it is paid priory if mortgage is registered; but if the mortgage was unregistered, should pay according to the proportion of debt settlement; to understand the effect of mortgage registration correctly, we should also distinguish the difference to the effectiveness of its mortgage. There are two legislative models, Registration Antagonism and Mortgage Registration Effectism. For the Registration Effectism model, registration is a prerequisite force of mortgage, that is if not registered, the consequences of the mortgage cannot be established, the consequences cannot bind only the parties even though the third parties. For the Registration Antagonism mode, just reach agreement between the parties, the mortgage is settled, but if not registered, will not produce the effect against the third party. The concept of the Registration Antagonism is private law autonomy, on the one hand, simple the mortgage enactment, maintain the transaction easily; on the other hand, we can decide whether to apply for registration or not according to our own decision, at the same time the third person can access Registration thin aware of the actual power of state collateral to protect their own transactions. Registered chattel mortgage is given to credibility from Registration Effectiveness, and unify the Real Property Publication of change, maintain the stability of the market economy, to protect the interests of a third person. China's "Property Law" clearly provides that the registration of real estate mortgage is registered with the effectiveness of entry into force of doctrine, and in exceptional circumstances with the registration of antagonism.Mortgage is the legal effect that two parties of the contract suspected, but before that, it is only a possibility, although it is according to the contract, which does not actually exist. Only registrant the mortgage, the mortgage can be change from the possibility into reality. The contract which aim at property ownership change, is the scope of claims of legal relations, once the contracts established, if they do not violate the mandatory provisions of law and social public interests, it can take effect. Registration is taken as a publicity method, which showing changes in property rights, whether registrant or does not affect the validity of the contract. Generate mortgage contract is a necessary condition but not the sufficient condition. When registrant the mortgage, different property has different process. For Land Mortgage Registrant, according to law, the mortgagee and the mortgagor should hold the land rights certificates, the main creditor of debt contracts, the mortgage contracts and the related evidence, to the land of the people's governments above the county level administrative departments to take the process of land resources mortgage registration. For the Forest Resources Registration Mortgage, the local people's governments above the county level departments and the forestry resources management department is responsible for preliminary examination, the asset management department is responsible for registration or change of registration.The third part, the main analysis our mortgage situation and improve the registration system. After the enactment "Property Law", the mortgage registration system has done a large part of the changes. Provides a floating charge this new mortgage, floating charges for the subject matter is the movable property, so the requirement of registration to take affect the Registration Antagonism. Add another A Add athree special types in real estate registration system: correct registration system, registration notice system and the registration objection system. R Registration objection system is a remedy for the wrong system of registration, registration notice system set up as a security to make sure the request of real property changes occurring in the future can be protected. The legal effect is mainly reflected in the property right claims. The new provisions expand the scope of the mortgaged property, and promote the prosperity of the transaction, and achieve greater respect for the parties in the subject matter of the mortgage. In the event that the parties have agreed to realize the mortgage right way or the debtor fails to pay due debt situation the creditors, mortgage can be achieved.The "Property Law" clearly defined to unify property registration agency, but which department should be assigned as property registration authorities, there is no agreement between academia, and the course of practice.