The Order Of The Mortgagee

With the development of economy and the maturity of the socialist market economy, there is an increasingly urgent demand for fast, convenient, efficient, and diversified financing tunnels. Because of the character of not transferring subject matter, mortgage is popular with people and it plays a key role in financing tunnels. But this character also cause that there are several mortgages with different order on the same subject matter. As far as to how to deal with the relationship among these mortgages, the regulation of the guarantee law in our country is too abstract. In order to further perfect legal system and to keep balance between fairness and efficiency, this author discusses the mortgage sequence. This article mainly consists of four chapters as follows:Part I is about the meanings and rationality of replicated mortgage. And the opinion is to abolish the regulation on forbidding replicated mortgage and to build up related matched system so as to create the agreeable environment.Part II .The rules for determining mortgage sequence are closely connected with the registration validity of mortgage. This part is about various validity rules and corresponding rules for determining mortgage sequence.Part III discusses in details meanings, necessary elements ,forces and the related problems of transfer waiving, alternation of mortgage sequence.Part IV is about legislation patterns of mortgage sequence ,the theory of fixed sequence and the theory of promoted sequence. These two patterns have respective history of birth and development and form of expression. This part analyzes the advantage and the disadvantage of both patterns .