Study On The System Of Detention

The elimination system is designed to regulate the transfer of collateral to the collateral assignee led transferee transferee material designed to make a complete system for the purpose of ownership,it has been inherited from the institutional development and improvement of the origin of many countries,the modified elimination system is more easing,which balance the interests of the mortgagee and collateral assignee effectively.Compared with the Cost settlement system it gives initiative to collateral assignee, it also increased the possibility of the elimination of the mortgage.Compared with the subrogation it could also be avoided the main drawbacks that if the transferee must pay the full amount of the debt when the value of the collateral is less than the value of debt, which facilitate the flow of collateral greatly.However, Chinese scholars regard the "Property Law" Article 191, paragraph 2, as The elimination system.we have no elimination systemand in our existing laws,the emphasis on the protection of mortgagee is not good for the flow of material, which is questioned strongly by scholars.Our civil code compiled should return to the traditional civil law in the future,Liberalizaing the restriction on the transfer of collateral.The disposition of mortgagor to the mortgage should be validated and balance the interests of all parties.