The Maximum Mortgage A Number Of Issues To Study

Ceiling amount of mortgage is a special mortgage which is set for the series uncertain credits which may occur in the future. It began in Germany in the 19th century and was popular in the main countries of civil law system, especially in Japan where a mature and practical system on ceiling amount of mortgage comes into being.Ceiling amount of mortgage has got good development in such civil law countries and areas as Japan, Germany, France and Taiwan Area for the reason of a well-developed commerce. In these countries and areas, the financial capital and industrial capital has combined in a good way, which has laid a foundation for the system of ceiling amount of mortgage. Though our market oriented economy is not well-developed, and the importance and necessity of employing this system is not in urgent need, we should be well-prepared in academy and legislation for this system. This article is to learn from the ceiling amount of mortgage system of many countries and areas with the hope of improving the theory of ceiling amount of mortgage system and the judicial practice.This article can be divided into four parts in main body.The first part is the outline of ceiling amount of mortgage system. It introduces the present things and development of this system, which focuses on the analyzing the legal values and its legal nature.The second part gives a comparative study on analyzing the certainty of guaranteed credit. It offers the author's understanding on guaranteed credit. Concerning the scope of guaranteed credit, there are three legislation systems. The author believes that the scope of guaranteed credit should be limited in a suitable way. On this basis, the author discusses several practical issues. In addition, the author analyzes the issue on transferring the guaranteed forms into ceiling amount of mortgage.The third part discusses the alteration of ceiling amount of mortgage before it is made certain. The alteration of ceiling amount of mortgage consists of content alteration and subject alteration. Of which, the content alteration includes the alteration of the scope of the guaranteed credit, the ceiling amount and the accounting date. The subject alteration mainly refers to the change of creditors caused by the disposal of the credits. The author believes that the ceiling amount of mortgage can be transferred independently, though there are several problems to be considered for this.The fourth part mainly discusses the four reasons to make certain the ceiling amount of mortgage. It is generally believed that there are four reasons to make certain the ceiling amount of mortgage. These reasons are the occurrence of agreed reason, the carrying out of the right to make certain the ceiling amount of mortgage, the elimination of possible credits and the legal sale of mortgage.The system on ceiling amount of mortgage appears and develops under the necessity of economy and policy. We should learn from countries and areas with advanced legislative experience, and make it better-combined with our economy.