During The Existence Of The Mortgage

Through to the analysis and understanding of the hypotheca essence and a real case, study mainly hypotheca's period of continued existence and scheduled period in guarantee system and comparing guaranty period; explaining its importance. In my country and with is it guarantee system guarantee comparative analysis when , prove make clear hypothec deposit during continuing or except that necessity of the system when upbraiding further to guarantee. In our country , we can adopt independent prescroption of hypothec or scheduled period enforcement time in hypothec carry on essential to restrain from during upbraiding. This text expounds the proves through four parts. First part ,Expound the fact mortgage and basic theoretical question of hypothec in detail, including nature , characteristic and real right of hypothec and creditor's rights . in addition, generally describing historical gradual progress and development trend of the hypothec in this festival. Second part ,stating the concept during mortgages, and through the actual case, proving law question and defect that the system exists during mortgage at present in our country. In addition, introducing the current different legislation in the system about the mortgage of some other countries mainly, describing the relevant legislation ,stipulating the respect during mortgage in our country emphatically. The third part , Expound the fact our country study the science circle to mortgage different view and our country's legislative system . In addition, putting forward the suggestion in the light of the legislative regulation of the system while guaranteeing in our country. The fourth part , narrating the concrete problem among the judicial practice at presen and author's opinion to the system during the mortgage of our country. The fifth part, The conclusion, explain and draw the conclusion according to summarizing about the above argument fact.