The Independent On The Mortgage

The dissertation includes the preface, the text and the ending.In the preface, mortgage system functions in market economy society, but traditional mortgage system attributes to ensuring obligation to be executed and makes the feature of dependence as the nature of mortgage. This theory denies the feature of independence of mortgage system and impedes development of investment function of mortgage system. Legislation shouldn't be limited to traditional theory, but develop according to the need of society.The text includes two parts. Part one discusses both the feature of independence and the feature of dependence of mortgage system. Firstly, article discusses the derivation of mortgage system. Secondly, the author discusses the content of the feature of dependence theory, which includes dependence of occurrence and transaction and abolishment. Thirdly, mortgage is in essence a kind of right of value. The feature of dependence, the feature of impartibility and the feature of substitute aren't the nature of mortgage. Finally, the article discusses the legal mode.Part two discuss the invest function of mortgage and the trend of independence of mortgage. First, mortgage system includes two functions that are ensuring obligation function and investment function. The former is to ensure obligation to be executed; the latter is negotiability mortgage. The later is based on the feature of independence theory, fit for the trend of modern development. Second, the author introduces both the civil law system, such as Germany, Switzerland, France and Japan as well as the common law system and indicates that each country admits the independence of mortgage in different degrees. Third, the author constructs the practical system of the independence of the mortgage.Based on the discussion of the text, the ending repeatedly emphasizes that the feature of independence of mortgage system is the fundamental trend of modern mortgage systems. The author appeals to legislationinstitution that the legal system should be improved as soon as possible.