On The Determination Of Secured Claims In The Highest Amount Of Mortgage

The so-called maximum amount of mortgage, is the mortgage and the mortgage agreement, in a maximum limit, the value of the mortgage property to the value of a series of mortgage loans to provide security. With the increasingly frequent trading, the function of the maximum amount of mortgage guarantee creditor’s rights and improve the efficiency of the transaction is more and more attention.There is a vital link in the maximum mortgage system, which is the guarantee of the right of the creditor’s right. The determination of the secured creditor’s right is the premise to realize the mortgage right of the maximum mortgage right, but also the need to protect the interests of the stakeholders. To this end, China’s "property law" 206 th clearly defined the maximum amount of collateral to be secured claims six cases:(one) the expiration of the period of the agreement of the claims;(Two) without the agreement of the period or the period of the agreement, the mortgage or the person or the person who has the maximum mortgage on the date of the establishment of the maximum mortgage shall have a claim for a period of two years;(three) new claims cannot happen;(four) the mortgaged property is seized and detained;(five) the debtor or the person who is declared bankrupt or has been revoked;(six) other circumstances specified in the law.Although the "property law" for the security of the right to determine the subject matter, but there are still some problems in the actual operation, and compared with other areas of legislation has a certain gap. This paper compares the relevant provisions of the civil code of Japan and China’s Taiwan area, and analyzes the shortcomings of our country’s legislation. In addition, according to the actual situation, put forward some problems encountered in practical operation.In addition to the introduction and conclusion, the main text is divided into four chapters. In the first chapter, the necessity of the guarantee of the rights of the secured creditor’s rights is analyzed. In the second chapter, according to the legislation of other regions, this paper expounds the agreement and the legal reasons of the guaranteed creditor’s rights in our country’s law. The third chapter describes the effectiveness of the secured claims. The fourth chapter describes some of the problems encountered in the actual operation of the secured creditor’s rights. Finally, the conclusion summarizes the main points of the whole paper.