Research On The Scope Of Mortgage Property

Mortgage system as a debt guarantee system has an important role in the security interest in the system, known as the "king of the guarantee." However, with the development of modern social and economic prosperity and market transactions, floating mortgage, financial mortgage, the maximum mortgage, so with the new way of guarantees and collateral chattel mortgage, etc. came into being, the concept of breaking the traditional system of mortgage; mortgage right system to use in the field has also been greatly expanded, almost all things of value, can be used for collateral. Especially the extensive use of chattel mortgage, so that the traditional public trust publicity mortgage system in a quandary. Analyze the reasons why, I believe that the traditional theory of the mortgage on the scope of the mortgaged property identified the existence of a logical flaw, this division "movable and immovable property, rights," there is a problem in itself, will be divided on the matter, and the right to the same logical hierarchy, is clearly unreasonable. Meanwhile distinction between movable and immovable property standards also exist many problems.Firstly, the scope of the division of the mortgaged property specific analysis made from the doctrinal and legislative aspects, and then divided unreasonable argument for this reason that the guarantee of the properties and the problems identified clear criteria for the classification of movable and immovable property, Finally, the scope of the mortgaged property were redefined.This paper consists of three parts.The first chapter is to ask questions, the author of the reasonableness of proposed chattel mortgage question, namely why some can be set as immovable as chattel mortgage, the existing theoretical answer to this question is inevitable that some far-fetched or even illogical. Meanwhile legislation on special vehicles such as chattel mortgages registered against the doctrine of publicity has taken, which is the traditional theory of movable property taken delivery of a conflict as a mode of publicity methods, and led to many problems in theory and practice. This part of the scope of the mortgaged property from the status quo of China’s determined to start, a detailed analysis of the scope of the mortgaged property on the doctrinal and legislative requirements, and demonstrates the irrationality of such provisions, as well as the problems arising in practice.The second chapter analyzes the cause and the Legislature on the scope of the doctrine of the mortgaged property identified causes confusion, there is a problem is the first criteria for the classification of movable and immovable property. The author of the movable and immovable property standards division launched a historic visit to the Roman law introduced in detail, France, China and France, Germany, China and France as well as Russia, China and France as the representative of the four criteria for the classification on movable and immovable property, namely the traditional physical standards, physical standards and values, physical standards and procedural standards, physical standards, registration standards and legal standards. Then introduces the three main criteria for the classification currently exists in academia and its comprehensive evaluation. Followed by the identification of the property secured unclear, the author of the properties guaranteed in-depth analysis and re-define the attributes of the guarantee. That guarantee is the burden of the debtor or a third person on their property settings.The third chapter of the mortgaged property to further redefine the scope, the analysis demonstrated above considered for movable and immovable property division should apply "legal standard" that by law the provisions of movable and immovable property directly to the content or scope. The theory is based on the statutory standard objects of social importance, that should be the real value to society has an important property, pursuant to which we can assume that the traditional theory can be secured "chattel" In fact, according to this standard should be "immovable "but by the nature of the collateral analysis, we believe that mortgage burden on real property set. This will limit the scope of the mortgaged property as real property, in order to clarify the scope of the mortgaged property identified for the confusion.