The Relation Between Estate Hypothecand Tenancy

Hypothecs and tenancies can be on the same estate. When a public aution is requird by a hypotecatee or an execution creditor for recovering the sum lent, there arises concurrence or conflict between hypothecates and tenants. How to realise the legal relationship between the real estate hypothecs and tenancies is playing an important role to the correlation legal science theory and the practice progress.China and Korea have different social system, and these two countries also have the special national condition, so there is certain difference in dealing the relationship between the real estate hypothecs and tenancies'problerm As the development of the modern tenancies real right-ization trend, the relationship between the real estate hypothecs and tenancies also has great change, simultaneously also has brought certain question, in which more obvious is the tenants right protection question, the hypothecator and tenants intention to be in cahoots harms the hypothecatees'benefit question. The research of the relationship between the real estate hypothecs and tenancies, may help to promote the Chinese civil system consummation and the legislation further development.Both China and Korea accommodate historical development tendency when deal with the relationship between the real estate hypothecs and tenancies, all established "business not broken to rent" system, in the foundation of giving hypotecatees protected, also gave the tenants who was in the weak trend the special protection, it was a historical big progress without doubt. However China has not implemented the strict real estate to rent the power registration system, can appear unavoidably, the hypothecator and tenants intention to be in cahoots harms the hypothecatees'benefit phenomenon, this regarding the maintenance transaction security, the safeguard society's stability is disadvantageous. South Korea and rents in the processing real estate mortgage the power relates, the majority involves to the biography rents the power. The biography rents the power system is a South Korean unique item of real estate rents the system, it and rents the power in the processing real estate mortgage the relational aspect to play this positive role. South Korea besides and rents the power in the civil legislation to the real estate mortgage to carry on the legal adjustment, also the special law "Housing lin Loan taking advantage of Protection method" and rented the power when the processing real estate mortgage the relations has provided the formidable basis.