The Rights Of The Mortgagee

Regard right as the settlement hypothec marked, has already had very remote history so far. In Rome law era, right on the ground, tenant right, etc. are established the hypothec by the guarantee which is regarded as creditor's rights forever. Today, the countries all over the world make corresponding regulation, and with the development of progress, the times of science and technology, various countries are legislating to expand the range of the object of right progressively , but the development that the legislation in this field of our country lagged behind in economy greatly , cause the situation except that real right legislate perfect reason, the conservative legislative attitude is an important reason to cause the legislative narrow-mindedness of the right hypothec too. When and legislate in the theoretical research of law of past real right, We insist all the time the function of the law of real right lie in confirming right ownership , despise the such conservative attitude of use to the thing . Equally, limited to only admitting that there are body things too in knowing to the real right object, and does not acknowledge the property right is the real right object. Obviously, such conservative legislative attitude can't already meet the needs of social economic development.This thesis adopts the economic analytical method of the law to carry on the discussion to the range of the right hypothec mainly, the rational distribution of resources and effective use of resources are the motive force of the social development, legal right itself one resource, certain right is it go on way that utilize to certain resource to represent, the right hypothec is a way to utilize resource too, the bigger the range of the mortgage token of the right one is, the more ways to utilize resource are. The basic development trend of the law of real right of pledge makes the modern real right of pledge change with the type from controlling type of simple value to the right of the thing. Twist for control on material object value ofthe collateral up to the control on value of the debt only value right of real right of pledge, this kind of view has violated the efficiency principle seriously, has hindered the use of the thing. Right hypothec regard value as core, control thing directly, usufruct, allow real right regard object, right of hypothec as, it is a way to utilize indirectly to the thing (resources) too to assure creditor's rights with their exchange value.So This thesis maintain right mortgage right to allow thing right for hypothec that target establish or with movable property thing right of all right, its target is concrete should include farmland right to use , base right to use , natural resources right to use and allusion quatation right; in a situation that can't justify oneself in right system of the right quality , set up a system of guaranteeing central right with hypothec system of the right; house property and real estate can be differentiated the mortgage.